William Strother and Joseph Kirkland, the executors of William Kirkland's estate, seek permission to change the way they administer the estate. William Kirkland died shortly after executing his will in 1806. His will directed that the executors keep his slaves raising crops on the plantation to pay debts and "legacies" and to support his children until they turned twenty-one years old. In addition, he specified that all proceeds should be invested in other capital. The executors state that "had the state of the markets continued as they were" when Kirkland made the will, they could follow his directions for administration, but "the markets have become so completely changed" and recent crops have been small. Joseph Kirkland recently sold livestock and other articles, hired out the slaves, and rented the land. The executors claim that this action has profited the estate and that it better benefits the minor heirs. They ask the court and the heirs to allow them to continue hiring out the slaves and renting out the land. They also ask the court to indemnify them against any later legal action by the children for deviating from the will's instructions.
Result: Denied; refiled; partially granted.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
