Petition #20186329
- Clarke County, Alabama. July 30, 1863. - March 13, 1865.
- Court: Probate
- Salutation: To the Honorable Judge of the Probate Court of the County of Clarke and State of Alabama
Abstract
Arkansas resident Benjamin W. Carter, in behalf of himself and eighteen others, asks for a settlement of the estate of his late half-brother, Claiborne Carter. He argues that the estate administrators, Samuel T. Boykin and Robert D. James Jr., have had ample time to pay the debts and make a final settlement, but have so far neglected to do so. Furthermore, Benjamin Carter alleges, a provision in Claiborne's will that bequeaths all his property to Robert D. James, Robert D. James Jr.'s father, on the condition that the latter will give "liberty and freedom" to several of Claiborne's slaves is void; Benjamin Carter explains that it is "contrary to the provisions of the act of the state entitled 'an act to amend the law in relation to the emancipation of slaves' approved January 25th 1860, and contrary to the provisions of the Constitution of the State of Alabama." He asks that the estate be "turned over and transferred to him as one of the legatees and heirs at law of said decedent."
Result: Dismissed; appealed; affirmed.
- Number of petition pages: 2
- Related documents: PAR #20186124; Copy of Answer, Samuel T. Boykin and Robert D. James Jr., ca. August 1863; Replication to Answer, Benjamin W. Carter et al, ca. August 1863; Testimony, Herbert Carter, Elizabeth A. Taylor, Edmond Jenkins, ca. 1863; Proceedings of Probate Court Concerning Will of Claiborne Carter, 1861-1863; Will, Claiborne Carter, 20 June 1853; Probate of Will, 17 June 1861; Petition for Distribution, ca. 17 June 1861--10 December 1861; Order for Commissioners, 10 December 1861; Commissioners' Report, ca. 1862; Will, Robert D. James, 18 August 1858; Decree, 26 October 1863; Exception, Benjamin W. Carter et al., 26 October 1863; Notice of Appeal, 27 October 1863; Appeal Bond, Rufus Torry et al, 27 October 1863; Summons, Samuel T. Boykin, Robert D. James, State Supreme Court, 27 October 1863
- Pages of related documents: 25
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Citation information
Repository: Alabama Department of Archives and History, Montgomery, Alabama
- Alabama Supreme Court Cases
- Page: 1-26
Subjects
