Margaret Smith, a free woman of color and a resident of the city of New Orleans, seeks to be recognized as one of the legal heirs of her grandmother, the late Ellen or Nelly Wooten, also a free woman of color. Margaret Smith represents that Nelly Wooten, a resident of the Parish of West Feliciana, died in New Orleans in 1853, leaving a “considerable estate” consisting of “Land and Negroes” and other personal property. Smith contends that, after Nelly’s death, her uncle Antoine and her aunt Gertrude “caused themselves” to be recognized as legal heirs and representatives of the estate, and took possession of the property in violation of their niece's rights. Smith asserts that she is a free person, having been purchased by her grandmother and emancipated in due form in Ohio in 1840. She is thus entitled to be recognized as her grandmother’s heir, even though her mother remained a slave until her death. She therefore seeks a judgment against Antoine Nolasco, Gertrude Populus, and Pierre Populus, Gertrude´s husband. She seeks to be recognized as a legal heir and asks for one third of the estate, which amounts to $4,000. She also prays for an account of the “fruits and revenues arising from” the estate since her grandmother’s death, which she estimates to be $2,000.
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Repository: West Feliciana Parish Courthouse, St. Francisville, Louisiana
