In his 1804 will, Jehu Whitted bequeathed to his then wife Susannah part of his real estate, three slaves, and one-half of money on hand; excepting small "pecuniary legacies," he gave his daughter Anne the remainder of his lands, houses, and six slaves, together with one-half the cash on hand. If either died, her share would go to the survivor. Whitted arranged to free and educate the mulatto slave Fanny, and if he had no child at the time of his death, he would free four other slaves--Duncan, James, Stephen, and Betty--who were required to remain in Orange County. Following Whitted's death, his widow married Josiah Turner, who became administrator of her estate when she died intestate. Anne died before she reached "full age." Turner, sheriff of Orange County, claims title to personal estate bequeathed to Susannah and Anne, and profits derived therefrom, and the rents and profits on the land. He charges that Whitted's brothers, as administrators of his estate, are denying him his rightful legacy and are conspiring to remove several of the slaves out of the state.
Result: Denied; appealed; denial upheld.
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Repository: North Carolina Department of Archives and History, Raleigh, North Carolina
