The heirs of Nancy James ask that Richard Daniel be compelled to deliver a slave named Nancy, along with her "increase," to them or to enter into bond for the delivery of the same upon the death of said Nancy. In 1797, Nancy's father, Samuel Smith, bequeathed a life estate in the slave to Nancy, giving her children a remainder interest in the slave upon the death of their mother. Nancy's husband, George, "unfortunately a great spend-thrift and consequently always in great want of money," sold the slave for $150 to Richard Daniel, then of North Carolina. Daniel has since brought the slave to South Carolina in violation of the terms of Smith's will. Her daughters and their husbands have contracted with "their friend and relation," William Smith, who lives in South Carolina, to prosecute their claim. The petitioners fear that they will have trouble regaining possession of Nancy and her children once their mother dies. They allege that Daniel has removed the slaves "expressly for the purpose of putting them out of the reach of the complts claim."
Result: Partially granted.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
