Joel Hayden, John and Nancy Harris, and the Harrises' eleven children, request a division of twenty-four slaves they hold together as tenants in common. Hayden owns "four undivided fifths of the slaves," while the Harrises are entitled to the "remaining undivided fifth part of the slaves during their natural lives." The Harris children are "each entitled absolutely in remainder to said fifth of said slaves." They ask the court to authorize a division of the slaves, "if the same can be made in kind," or that the slaves be sold and the proceeds divided according to the interest of the parties. The sheriff's report notes that one of the infant slaves died before the sale took place, two infants were born, and deems it "an act of cruelty to sell the mothers without their Infants." In a supplemental petition, John and Nancy Harris ask that a trustee be appointed "to take charge of their said interest" in $9294.00, the proceeds arising from the sale of 26 slaves, who were sold at public auction on 7 November 1850. As petitioners in a previous suit that sought a partition of the slave property, they report, however, "that they never anticipated such a proceeding as would change the character of said interest but expected partition to be made in kind of said slaves, which was not done, but converted to money." Noting that they are "old and infirm," the petitioners ask that the appointed trustee take their share of the money and "purchase them slaves to be holden for them during their natural lives, and for their said children in remainder."
Result: Granted.
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Repository: Missouri State Archives, Jefferson City, Missouri
