The minor grandchildren of the late John Dean ask "that an account may be taken of the value of the use, possession, hire and income" of two slaves, who were devised to them by said Dean. They aver that Dean executed his will in 1845, whereby he devised "one tenth part of his slaves and one tenth part of the residue of his estate" to Cassandra Lucy Dean Folger "during her natural life and after her decease in trust for her children." They submit that their mother died in 1847 and that their grandfather executed a codicil to his will, which conveyed one tenth of his slaves and his estate's residue to H. J. Dean "in trust for the Exclusive use and benefit of your Orator and Oratrixes." They note that John Dean died in 1852 and that "by reason of their tender years they were incapeable of receiving and managing their said Legacy, and the same was taken therefore into possession by the said Executor H J Dean." They charge that H. J. Dean continued "to take the use, hire and increase of the same" to his own use until he died in 1855 and that his wife, Mary Owen Dean, "continued to possess, use and enjoy" said slaves, receiving "the hire and Increase of the said slaves to her own use." The Folgers charge that they are "entitled to receive and enjoy" the use, possession, hire and increase of said slaves "annually for their support and maintenance." They therefore pray that Mary Owen Dean be directed to pay over "the amount that may be found due and oweing to them upon such accounting."
Result: Referred.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
