William Kennedy, executor of the late Nathaniel Thompson, seeks to settle a dispute regarding Thompson's estate. In 1836, Thompson died and bequeathed his entire estate to Sarah Arledge during her "widowhood.” Kennedy qualified as the estate’s executor and allowed Sarah to retain possession of all property, which included a tract of land, three slaves, and sundry other property. Arledge, Robert Cathcart, and Lee Arick arranged a deed “purporting to be a marriage settlement” in 1838. According to this document, Cathcart held all Sarah’s property in trust for her “sole use benefit and behoof.” Kennedy argues this was done “fraudulently to defeat the just and lawful rights of your Orator.” Sarah died in 1841; shortly thereafter, Cathcart assumed control of the property, which he held in trust for Arick and his heirs; Cathcart had already sold the slaves as well as other property and has not offered an account to the petitioner. Some of the "lawful heirs in remainder" of Thompson have now applied to Kennedy to receive their share of Thompson's estate. Kennedy asks that Arick and Cathcart account for the portions of said estate that are in their possession, as well as the rents of lands from 1838 and the value of the slaves they have sold. He further requests that Arick and Cathcart deliver up all the property they hold and that Thompson's heirs establish their legal claims to said estate.
Result: Granted.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
