Petition #21385905

Abstract

Hastings Dial Jr. seeks the court's aid in constructing his late father's will. By the elder Dial's will, the petitioner received a "Homestead Grant of Land," eight slaves, a cotton gin, and other property, all to be held in trust for him during his life. Two codicils to the will also directed the executor to repair or build structures on the land. The executor, who also acts as trustee, put about $500 "toward the building of a Dwelling House upon the Plantation." Dial then used about $1000 of his own to build new outbuildings. He also informs the court that he has greatly improved the land given to him, bringing it "into the highest state of cultivation." He deforested some of the land to make new fields and improved some old fields that had previously been abandoned. In addition, he has increased his slave holding to "about Eighteen effective hands." However, his fellow heirs have now voiced dissatisfaction over his use of the land, threatening to file suit. They especially question Dial's "right to continue to bring the woodland into cultivation." Dial prays that the court determine a construction of his late father's will in order to determine his rights. He further suggests that the land be sold and the proceeds be divided among him and the other heirs.

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Citation information

Repository: South Carolina Department of Archives and History, Columbia, South Carolina

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