Thomas Talbot and Thomas Lasley, the petitioners, are the executors of John Querns's estate. They represent that a clause in Querns's 1815 last will and testament directed that eighteen slaves in his estate be freed because of their loyal service. As the statutes of the state of Georgia regarding emancipation were then in the process of changing and it seemed unlikely that the slaves could ever be emancipated, litigation started for their division among the heirs. Various suits were commenced involving one John Spear, claiming to be John Querns's half-brother and only next-of-kin, and two "residual" heirs by the name of William and Samuel Arnett. In 1819, a covenant was entered into by the executors and the Arnetts regarding the division of the slaves that had been promised freedom but were now unlikely to get it. The purpose of the covenant was to defeat John Spear's claim. Some terms in the covenant gave an opportunity to keep slave families together and to have a say in whom they wanted as their new owners. However, the Arnetts, "avariciously disposed" and sensing that a rejection of Spear's claim would give them a chance at a bigger share of the estate, refused to honor the covenant. Although the petitioners had hoped for no more difficulty in settling the estate, they now find it necessary to ask the court to compel the Arnetts to adhere to the covenant.
Result: Granted.
Or you may view all people.
Repository: Wilkes County Courthouse, Washington, Georgia
