Eve Aull, the widow of Harmon Aull, asks that her claim to four slaves "as tenant for life" be recognized by the executor of her late husband's estate. Aull asserts that she and Harmon executed "a deed of marriage Settlement" in 1832 wherein it was stipulated that she "was to have the use and benefit during her natural life of one third part of the personal property of which" her husband "should die seized and possessed of" should she survive him. Noting that her husband died in 1852, she states that John P. Aull, as executor, "did proceed to Sell all the personal estate of said testators including the one third part given to your Oratrix for life by the provisions of said deed of marriage." Aull admits that she bought four slaves at said sale, but she argues that "she believed that she would be entitled to hold the same as her own during life under the said deed of marriage settlement, at the amount at which said property was bidd off, as a mode of ascertaining its valuation." She now declares that said John refuses to take her receipt "for said property as tenant for life," whereby she will "be required to comply with the terms of said sale like other purchasers and to pay the full value of the property purchased by her." She therefore prays that John "strike out from the sale bill ... the property and the prices at which it was bid off by your Oratrix ... and take the receipt of your oratrix for the said property as tenant for life."
Result: Granted.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
