Two of the daughters of the late John Rives join their respective husbands in seeking a partition of slaves. Lucy Culp and Matilda Kee aver that their father died "seized and possessed" of a considerable estate in 1839. By his will, Rives devised a life estate in a tract of land and nine slaves to his widow, Mary Rives. The testator directed that the slaves be divided among his six children after Mary’s death; however, one slave named Fame and her child were to go into the possession of his son, Cad Rives. Mary Rives died in 1855, and two of the daughters have also died. The petitioners explain that they are now desirous to partition the slaves, but there is disagreement on how to interpret the testamentary clause relating to Fame. They report that Cad Rives asserts that he is entitled to all of Fame's children. They claim, however, that their brother is only entitled to the child cited in said will. Arguing that Fame’s other children should be divided among all the distributees, the petitioners seek the court’s assistance in settling the "matters" in controversy. They therefore pray for a writ of partition or, if not practicable, a sale of the slaves and distribution of the proceeds. They also ask that a guardian “ad litem” be appointed to represent the minor heirs.
Result: Granted pro confesso.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
