Nathaniel Foster sues to remove his brother Pleasant from his trusteeship. Their father, John Foster, left two slaves, livestock, and some kitchen and household property to his son Edmond. Foster's will directed that either Nathaniel or Pleasant care for Edmond after the death of their mother Hannah, who recently died. If Edmond dies without legal children, his estate passes to Pleasant and Nathaniel "or the one that takes care of him." The petitioner confides that "the said Edmond Foster is an Idiot and cannot or will not as your orator supposes be capeble of contracting marriage." Since Edmond cannot have any lawful children, Nathaniel expects to inherit at least half of Edmond's property. Nathaniel's brother Pleasant, however, "has become hopelessly insolvent, and also very intemperate" and "is incapable of managing his own affairs, much less that of his Idiotic brother's Estate." Pleasant, acting as sole trustee, has received substantial sums of money from the labor of Edmond's slaves, who now number six or seven. Nathaniel charges that Pleasant has used most of the money to support his own family "and provides badly for Edmond Foster greatly to the injury of his personal comfort." Nathaniel asks the court to remove Pleasant as trustee of Edmund's estate and to appoint "some fit and proper person" to work with Nathaniel as trustees. He also requests that Pleasant account for all of the trust property.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
