John Hudgens, trustee of Charlotte Todd and Andrew K. Todd, asks that the creditors of Robert Todd Jr. be "restrained from further action ... in the sale of the property now levied." He states that Robert Todd Sr. conveyed "his whole Estate real and personal," which consisted of 250 acres of land, a "negro man Frank," and sundry other goods, to his son, Robert Todd Jr., in 1833 to be held "in trust for the use and benefit of his two children." Having replaced Todd Jr. as trustee due to Todd's wasteful habits, Hudgens reports that he has managed said estate by "supplying the family annually with ... necessary articles ... and at the end of the year receive whatever crop might be made upon the premises, sell so much thereof as was not necessary for the consumption of the family, and thus reimburse himself for the expenditures made." He now asserts that "several persons have from time to time obtained Judgments against the said Robert Todd Jr." and that the cotton, corn and fodder have been levied upon. Insisting that Todd Jr. "has no interest whatever in said property," Hudgens fears that "if these parties are permitted to sell the property now levied ... the premises will be stripped of every vestige of personalty, doing irreparable injury to your orator and the cestui que trusts." He therefore prays that the sale of the levied property be enjoined.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
