Thomas Pope and William Harrington, executors for the late George B. Calmes, seek the court’s aid in distributing his estate property. By his will, Calmes gave six slaves, land, and other property to the minor John Swindler; the will further stipulated that his mother, Joicey Allbrittain could choose to “have the entire control of all the property which he set apart for the said John” until he reached majority. The said Joicey received “a little girl” named Hannah, as a loan on the estate, but the other slaves were hired out. The petitioners inform the court that they have yet to give the remainder of the property to the minor because his mother has not appointed him a proper guardian, insisting that she herself should have the property. Believing that she is determined “to take possession of the property according to her own notions of her rights,” the petitioners charge that she has already “wrongfully” taken possession of several of the slaves. They pray that the court "declare the respective right of the said Joicey and John" in relation to the property and that Joicey Allbrittain be ordered to deliver up the estate slaves, whom she now illegally possesses, until further order of the court.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
