The wife and children of William Wylie Sr. ask that the sale of a slave, in whom the said Wylie has a life interest, be stayed. They state that William Wylie the elder died in 1845 and that, by his will, he devised five slaves in trust to his son, Wylie Sr., for his son's “use and benefit” during his lifetime; the will stipulated, however, that the slaves were not to be removed from the state or sold and that the profits from their labor were to be used for the support of Wylie Sr.'s family. The petitioners assert that said Wylie was to hold the slaves but that he was not given a “personal exclusive interest” in them. Citing that Wylie Sr. received three slaves in 1853 from the estate of his late brother Thomas, the petitioners argue that these slaves are also governed by the will of William Wylie the elder. However, they aver that Wylie Sr. has "sold many of the most valuable” slaves and has applied the proceeds to pay personal debts. They reveal that the sheriff has now seized a slave named Leroy and that Leroy has been advertised for sale for the satisfaction of a judgment obtained by Wylie Sr.'s creditors. They insist that the elder Wylie's will gives them a claim on Leroy. They therefore pray that the sale of Leroy or any other slave from said life estate of William Wylie Sr. be enjoined.
Result: Dismissed; appealed.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
