Isabella Foote, the widow and executrix of the late John Foote, joins her children in seeking a partition of the testator's "personal estate." She represents that her husband died "seized and [possessed] of considerable real and personal property." Foote further reports that her husband's will directed that his "negroes and other property, Bonds, notes and accounts" be left to his wife and children "to be divided or kept together for their mutual benefit at the discretion" of his said executors. The petitioners "are all desirous that the said personal estate should be divided amongst the parties entitled thereto ... and believe that it will be more to their advantage that the share of each should be assigned to her than that the same should be held in common." They therefore pray that a writ of partition may issue to certain commissioners "authorizing and requiring them to make partition of the aforesaid personal estate amongst the parties entitled thereto, allotting one fifth part thereof" to each party. If the court upholds that said division would incur "manifest injury to the said parties," the petitioners request that said property may be sold "at public auction." The petition cites twenty-two slaves "amongst the personal property subject to division."
Result: Granted.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
