John Bynum and Andrew Wallace, executors of Joseph Walker, seek to sell property in their testator's estate. They report that the said Walker died in July 1812 and that his will bequeathed a female slave named Betsy and Betsy's three daughters "unto Capt John Bostick, and your orator Andrew Wallace, in trust to and for the special purpose, that they should immediately after the death of the said Joseph, Emancipate the said slaves by deed as the law directs." They further aver that his will directed certain property to be placed "in trust to and for the use of the said Betsy" and her children and that a slave named Bella also be freed. The petitioners point out, however, "that the said Joseph died very greatly indebted," and they believe they cannot satisfy said debts "without a further sale of the property of the said deceased, so devised and bequeathed as aforesaid." They also argue that the said John Bostick "doubting of the propriety and efficacy of such sale without the order of this Honorable Court ... refuses to consent to such sale." They therefore pray that Bostick and others be summoned to answer their charges and "that a sale of the said real Estate, slaves, and other personal Estate, may be had by decree of this Honorable Court."
Result: Granted.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
