Jesse Kinard Welch seeks to recover two female slaves and their “increase” currently under the control of Henry M. Kinard, executor of the late John M. Kinard. Jesse states that his father died while he was still an “infant of tender years” but that he was fortunate enough to be taken in by one John Peter Kinard, a wealthy relative of his mother, who raised him as an “adopted son.” On 6 June 1826, John Peter, “in consideration of the love and affection he bore” to Jesse, executed a deed of gift of four slaves on Jesse's behalf. The deed stipulated that Jesse would receive the slaves and their “increase” after John Peter’s death. At John Peter's death in 1828, Jesse became the owner of the said slaves. However, John M. Kinard, the administrator of John Peter's estate, took possession of the slaves and kept them and their combined increase of seven children. In 1842, Jesse brought suit, and the court ruled that John M. deliver the slaves to Jesse. However, before he was able to comply, John M. Kinard died. Henry M. Kinard was appointed executor of his estate, and he appealed the decree. Jesse now prays that Henry M. Kinard be directed to implement the decree of the court and that he deliver the slaves to him, paying him the value of their hires.
Result: Granted.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
