John Haley states that the last will and testament of William Haley, deceased, bequeathed to the petitioner and Jesse Cash, in trust for William Haley's son, Thomas, a "Negro boy" Jo and 400 acres of land, known as the River Plantation. The slave and land were to remain in the care of William Haley's wife, Mary, during her widowhood. At the time of Thomas Haley's death, the River Plantation and the slave were to be divided equally between John Haley and Jesse Cash. At the death of Mary Haley, all other property, including slaves, was to be divided equally among Haley's heirs and John Haley. The petitioner, along with John Teasley and Jesse Cash, was appointed executor of William Haley's estate and later of Mary Haley's estate. Haley later resigned his position. John Haley avers that since the death of Mary Haley, Teasley and Cash have not had the estate adequately appraised, nor have they given him his share of the estate. For a time, they hired out the slave, Jo, and divided the proceeds; however, they have now "converted him to their own use" and refuse to compensate the petitioner. John Haley also argues that the defendants have sold part of the estate and have refused to give him the one-eighth share to which he is entitled. Haley seeks a "full & fair settlement" of the estate.
Result: Granted.
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Repository: Elbert County Courthouse, Elberton, Georgia
