Petition #21183620


Eleanor Erwin alleges that Francis Henry, executor of the estate of Malcolm Henry Jr., "has converted a large amount of said Estate to his own use" and that he "did embizzle and conceal a great part of the goods and chattles of said testator." Erwin submits that Malcolm Henry Jr. left specific instructions in his will concerning the distribution of his property. In said will, Henry also manumitted three of his slaves upon their fulfilling a specific term of servitude. She also charges that Francis Henry has not distributed the property according to these instructions. The petitioner therefore prays that Francis Henry be summoned and "that upon a final hearing of this cause your Honor will decree that the said Francis pay to her such sum of money as your honor shall find would have been the residue of said estate after the payment of legacies debts & expenses of said Estate if said estate had been properly managed." Of particular interest is a child born after the death of the testator but before the child's mother became entitled to her freedom.

Result: Dismissed; appealed; amended bill dismissed, appealed, reversed, remanded.

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Citation information

Repository: Civil Courts Building, St. Louis, Missouri