The administrators and creditors of the late John W. Summers ask that the intestate's deed of gift to his niece for a ten-year-old slave named Amanda "be declared fraudulent and void" and that "said slave Amanda may be delivered up to your Orators to be applied in the due course of their said administration." They state that said Summers died in 1852 and that they have "sold all the personal property of said deceased except a small negro girl named Amanda." They reveal that the intestate's sister, Ellen Waters, presented to them "a claim of title to the said negro girl," on behalf of her daughter Kate, "insisting that the said intestate in his life time had made a voluntary gift of said slave to the said Kate Waters." Noting that said Ellen has possession of the slave girl, the petitioners charge that she "has declared her intention to depart from and beyond the limits of this state," wherein they assert that "the rights of your orators as administrators ... and as creditors ... may be entirely defeated." Of the opinion that "the title of the said Kate Waters to the said slave Amanda is wholly defective," the petitioners pray that "the supposed gift" be deemed void; that the said slave be "delivered up" to them; and that "the said Ellen C. Waters may be perpetually enjoined from removing said slave out of the limits of said state."
Result: Granted partially.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
