In February 1846, James McGee made and published his last will and testament, directing that three slaves, Hannah and her children, Fuller and Josephine Porter, should become the property of his wife, Polly McGee, after his death. The will also instructed that Hannah was "immediately to have her freedom" upon Polly's death and that Hannah's children were "to be free at the same time & under the same regulations." The will, however, was rejected by the probate court in June 1846, rendering McGee intestate. Josephine claims that the will is a "Lawful true and genuine" document and asks that it be recognized as such by the court. Considerable testimony in depositions debates McGee's attitude towards the emancipation of slaves, with the general consensus being that he only favored their manumission if some provision were made to transport them to Africa.
Result: Granted; appealed; reversed and remanded.
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Repository: Missouri State Archives, Jefferson City, Missouri
