In 1858, slave trader Isaac Weatherly died, bequeathing in a codicil to a will a tract of land and money to his "yellow girl, Margaret," along with her freedom. Isaac also bequeathed the bulk of his estate to his only son, Joseph Addison Weatherly. The late Weatherly's daughters now sue their brother, who is the executor of their father's will, arguing that such the bequest of freedom and of property to Margaret is unlawful because emancipated slaves are supposed to be sent out of the state and slaves cannot own property. They ask that the slave and the land "fall into the residuum" of the estate. They also argue that a clause in the will that cancels Joseph's debts to his father is being improperly construed by Joseph. Joseph interprets this clause as meaning all debts area forgiven, both individual as well as business debts due to the slave trade partnership in which he and his father were engaged. Joseph's sisters argue that the partnership debts are not cancelled by the will, only individual debts, and that all partnership assets fall into the residuum of the estate not devised to Joseph and to be distributed among all the heirs.
Result: Granted.
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Repository: North Carolina Department of Archives and History, Raleigh, North Carolina
