Petition #21384823

Abstract

Mary E. N. Smith represents that, in 1843, the late Benjamin Smith bequeathed to her mother, Sarah North Smith, a life estate in fifty-two slaves under the trusteeship of John Laurens North. The deed of trust stipulated that the property should be free from the liabilities of Sarah’s husband and, after Sarah’s death, be placed in trust for her children. After Sarah’s death in 1846, John Laurens North received the slaves and managed them until his own death in 1847, at which time his widow, Eliza Elliott North, became executrix of his will and trustee of Sarah’s estate. Mary Smith contends that the “trust in property” ended with Sarah’s death and is now “subject to division amongst the children.” Although her six siblings are still minors, Mary has recently reached the legal age and believes herself entitled to her share of the estate. She therefore prays for an order authorizing the sale of the property, including forty of the sixty-three slaves now in the estate, and division of the proceeds among the heirs. However, Mary wants to keep twenty-two slaves, whom she describes as “favourite negroes of the family.” These slaves have “served faithfully” for three generations, and she believes that they should remain on the farm where she resides with her family.

Result: Granted.

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Citation information

Repository: South Carolina Department of Archives and History, Columbia, South Carolina

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