John Witherspoon, executor of his late father's estate, requests the court's permission to distribute two hundred slaves. Witherspoon's father, John D. Witherspoon, died in 1860 and left the bulk of his estate to his wife Elizabeth and his daughter, Sarah C. Witherspoon Williams. Elizabeth inherited nearly one hundred of these slaves, four of whom have since been executed by the State of South Carolina "upon conviction of a capital crime.” The testator bequeathed three other slaves to his three grandsons; he left the remainder of his estate, including ninety slaves, in trust to his daughter Sarah. Since J. D. Witherspoon's death, both his widow Elizabeth and Sarah's husband, John N. Williams, have died. Witherspoon's will directs the petitioner to deliver all the slaves held in trust for Sarah directly to her upon the death of her husband. Moreover, Elizabeth Witherspoon bequeathed all of her estate to the petitioner, who is her son and the executor of her estate. The petitioner is prepared to follow the directions of both wills and to divide the slaves and property among the legatees. John Witherspoon seeks the court's authorization to conclude his role as executor and to partition and deliver the bequests to the respective heirs.
Result: Granted pro confesso.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
