In 1852 Welcome Spears agreed to hold a female slave named Cherry and her four children in trust for the use and benefit of his parents, Isham and Gincy Spears. According to the terms of the trust, Isham and Gincy reserved the right to sell the slaves, but only with the sanction of the court and only if the proceeds from the sale were reinvested to benefit the trust. The parties further agreed that, when either Isham or Gincy died, the surviving spouse would enjoy a life estate in the slaves. In May 1859 Gincy died, and eight months later Isham sold Cherry’s son Austin without Welcome Spears’s consent. W. Ellis, "a negro speculator" purchased Austin and "put him on the cars of the rail road company," sending him to “some place unknown.” Moreover, Isham reportedly said that he intended to "sell and dispose of all the said slaves." The petitioners seek both compensation for the sale of Austin and an injunction to prevent Spears from selling the remaining slaves. They also ask the court to appoint a new trustee in place of Welcome Spears, who now lives in Florida, and to put the slaves under the management of the new trustee.
Result: Granted.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
