John D. Smith and Howell Edmonds, executors for the late Sarah Marshall, seek to distribute her estate property. Marshall died in 1847 leaving a will whereby she distributed her slaves and other property among six individuals, mostly settling the property into trust estates. The executors inform the court that they have worked the slaves on the estate's plantation in order to pay off Marshall's debts "but that the said slaves being mostly young & unable to work ... have only been able to support" themselves by their labor and have not begun to pay off the debts. The executors "fear they will not be able in any reasonable time to pay off the debts by keeping the Estate together & working the Negroes thereon." They inform the court that the heirs "are desirous of paying a portion of the Debts due to Testatrix in proportion to the share to which each is entitled & to have a division of the said Property." Therefore, the petitioners pray that the court allow such an arrangement to go forth.
Result: Referred.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
