James Swan and David Dickson petition the court for their share of the estate left by Gilbert Bardin in the care and possession of his wife, Charlotte. James Swan is the late Bardin's nephew and Dickson is the person to whom James's brother, Elijah Swan, has relinquished his interest in the estate. At the time of his death, Gilbert Bardin owned four slaves; at the time of the petition, seven slaves are being claimed by James Swan and David Dickson. The petitioners claim that, during her life time, Charlotte Bardin never settled the estate and continued to enjoy its benefits as its administratrix. Upon her death in 1851, Charles Bertrand became guardian of her estate, one third of which was left to a niece, the remainder to the Little Rock Methodist Episcopal Church in care of its trustees. In addition, by her last will and testament, Charlotte Bardin gave freedom to two of her slaves immediately after her death and to the other five slaves when they reached the age of twenty. She also bequeathed property to the slaves. Charlotte Bardin was following the directives of her husband who had bequeathed the same to his slaves prior to his death. Swan and Dickson charge that Charlotte Bardin "had no right or authority to dispose of any portion of said real estate or slaves after her decease, or of any portion of said personal estate" except the portion of the estate to which she was justly entitled "by way of her dower." Her will, and other deeds of manumission, stipulating the emancipation of the slaves, Swan and Dickson charge, should be considered "void and of no effect."
Result: Granted.
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Repository: University of Arkansas at Little Rock, School of Law, Little Rock, Arkansas
