John Fretwell, "suing for himself and others legatees of William Fretwell deceased," seeks to protect his remainder interest in certain slaves, in whom the widow of said William had a life interest. The Georgia resident represents that said testator executed his will in 1822, whereby he conveyed "to my wife Ann Fretwell two negroes viz Sarah a woman and Green a man ... to have and to hold during her natural life;" upon her death, it was his desire that "the negroes above named be sold and equal distribution made to my children." Reporting that "the widow took possession ... of the negroes Sarah and Green," Fretwell cites that she died in 1853; however, "upon the death of the said Ann Fretwell said slaves Sarah and Green ... were not in the possession of the said Ann Fretwell nor could Distribution be made of the same." He charges that said slaves "had been fraudulently and wrongfully disposed of and carried out of the jurisdiction where they were to defraud your Orator and others Legatees ... of their interests in remainder in the said slaves." Fretwell reveals that Alfred Neal has possession of Sarah, her two daughters, and her five grandchildren and that he "absolutely refuses to deliver up the said slaves alleging and pretending that he has some claim or title" to them. He prays that Neal may be enjoined from removing said slaves and "that he may be decreed to deliver up the said slaves" so they may be partitioned among the heirs.
Result: Partially granted.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina