This petition was filed in Mississippi but involves a South Carolina family. Dr. William R. Bay seeks to settle the estate of his father, William Bay, who died in 1822. The petitioner reports that his father died "in possession as tenant for life of a large number of slaves and other property, which by a marriage settlement between him and Thomas Waties Esqr," his wife's trustee, "was settled upon him for life." When Dr. Bay took possession of his father’s property, including twenty-one slaves held in Mississippi, he was "ignorant" of the fact that the slaves were to go to his mother, Ann Bay, at his father's death; thus, he had the slaves inventoried as part of the estate. Dr. Bay quickly learned of his mistake and "during the life time of the said Ann, your petitioner had a full and final settlement of his accounts with her." Desiring to finalize his father's estate, the petitioner prays that "his amended and corrected account" be confirmed and that he be allowed "such reasonable commission as he by law may be entitled." Related documents reveal that William and Ann Bay agreed in 1807 "to separate & live apart from each, & to divide" the slave property; however, they still chose to abide by the marriage contract, which permitted "on the death of either of them" that such survivor would be allowed "to hold and enjoy" said property "during his or her life." At the survivor's death, the slaves were to pass to the Bays' children.
Result: Granted.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
