Sarah Mackie, the widow of Dr. James Mackie, seeks "her share of the lands of the deceased" and "her proportion of the rents issues profits thereof." She states that her husband died in 1795, bequeathing seventeen slaves to her "by an instrument of writing styled his last will and testament." Mackie maintains that said document directed that their daughter Harriet was to receive certain property upon her marriage or "when she arrives at the age of twenty one years;" if Harriet "should die before the above mentioned period," then said property should be given to the sons of Captain William Alston, Mackie's executor and the guardian of said Harriet. Citing that Harriet died "unmarried & in her eighteenth year," she charges that her husband's "instrument of writing" was not "executed agreeably to the direction" of a specific Act of Assembly, whereby she and her other daughter are solely entitled to the residue of said estate. Mackie asserts, however, that Alston "has possessed himself of all the real and personal estate of the said James Mackie," that said "rents issue and profits ... have been received either by him or by his said sons," and that he refuses to deliver possession of the same to her. The petitioner therefore prays that the validity of said will be determined and that she "be put into possession of her share" of said estate.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
