Eleanor Kirby, widow of John Kirby, seeks to claim a portion of her husband's estate. She charges that George Kirby, nephew of the deceased, "gives out in threats that She Shall be prevented from using or retaining any portion of Said property ... and refuses and omits to set off and apportion her dower in any part of the said real estate," which includes valuable tracts of land as well as a large number of slaves. George Kirby justified his actions by producing "a paper which he stated to be the last will & testament of said deceased." The widow notes, however, that "said pretended last will and testament was not signed by the said John B. Kirby ... but only purported to have his mark, the name being written by some other person." Eleanor Kirby petitions the court for her dower and asks for an injunction to prevent the defendants' attempts "to oust or dispossess your oratrix of any part of said real estate, or to interfere with her use & enjoyment of the Same or of the rents issues and profits thereof."
Result: Partially granted.
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Repository: National Archives, Washington, D. C.