In 1823, Margaret Miliver executed a deed of gift conveying "a certain negro girl named Rose," about seven years of age, to her grandchildren, William and Nancy Ann Seay, the children of her daughter Polly, also called Mary, who was then married to Jennings Seay. After the execution of the deed of gift, Polly had two more children by Jennings Seay. Following Jennings Seay's death, she married James W. Denton, and she had seven more children. The slave Rose now has three children, Mariah, a girl about twelve, Allen, a boy about eight, and Jane a girl about three, "all being of great value towit of the value of sixteen hundred dollars and the yearly value of two Hundred dollars." The petitioners, who are Polly's minor children by James W. Denton, claim that their grandmother's gift was intended to benefit all the children born of Polly's body, present and future. They therefore believe they are entitled to seven-tenths of the slaves. They claim however that they have not received their share of the hire and labor of the slaves, who are in the possession of their stepsisters, Margaret Seay Thomas and Nancy William Seay Waddle and their husbands, with the exception of Allen who is in their father's possession.
Result: Granted; reversed and rendered.
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Repository: Pickens County Courthouse, Carrollton, Alabama
