C. W. Crouch, "assignee of one Simon Mathews a free person of colour," seeks to collect a debt from the estate of George Mathews, a free person of color. Crouch contends that said Simon is the sole heir of his late father and that he assigned "all right title & interest" in said estate "to your orator." The petitioner avers that said testator "willed his property to certain Grandchildren ... alledging that he the said testator had purchased the freedom of their mother, his daughter" in 1817. Crouch argues, however, that these manumissions were not recorded "within the period of six months," which "was absolutely necessary to give effect to any proceeding instituted ... for the purpose of effecting the freedom of slaves;" thus, he submits that George's daughter and grandchildren were never freed and "constitute now part of the personal effects" of his estate. Citing that said George made "no disposition of his estate in event of ... disability of the legatees," Crouch charges that said George died intestate and "the whole estate including the daughter & her children devolved on Simon Mathews under the Acts of distribution of intestates effects." He therefore prays that "the amount of your orators judgment ... be paid to him, out of such assetts as may be in hand, or can be raised out of the sale of any property belonging to the estate including the Daughter of George Mathews if alive & her children."
Result: Partially granted.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
