When Joseph Gray Sr. died in 1822, his will stipulated that his wife, Susannah, would take possession of his property during her lifetime and that, at her death, the property would be divided among his children. John Gray states that during his mother's lifetime some of the property was sold and that since her death his brother, Joseph Gray, acting as executor, has sold more of it. He further represents that "he is intitled to one fifth of the negro property" and that his brother "absolutely refuses" to honor his requests. The petitioner therefore prays that "the said Joseph Gray may answer the premises and that he may come to a full and fair account and division to and with your Orator of the Estate both real and personal which belonged to the said Joseph Gray senor."
Result: Denied; appealed; upheld.
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Repository: Elbert County Courthouse, Elberton, Georgia