Francis Boyken, trustee for the late Nelly Cassity, joins Cassity's children and son-in-law in seeking to protect the children's remainder interest in several slaves. Boyken informs the court that Starke Hunter conveyed six slaves to him in 1819 to be held for Cassity's use. The slaves remained in the possession of Cassity's husband, Thomas, after her death "in accordance with the trusts in the said deed." Two of the slaves, however, have recently been "seized & sold under executions against the said Thomas Cassity." Boyken complains that Jack and Reuben "have come into the possession of Warren E Sanders," who holds them "& is about removing beyond the limits of this State with the said Negroes." The petitioners now assert that their "rights in the said property are endangered by the threatened removal thereof." They ask the court to compel Sanders to "give good & sufficient security for the delivery of the said Negroes at the death of the said Thomas Cassity" according to the deed of trust. They also ask the court to restrain Sanders from "removing out of the state until he has given such security."
Result: Partially granted.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
