The heirs of the late Sarah Eigleberger Smith request the partition of seventeen slaves. They state that, prior to marrying Christian Smith in 1828, Sarah Eigleberger executed a marriage contract, in which she "reserved to herself the possession of and due interest and estate in" five slaves and their subsequent increase. When Sarah and Christian separated in 1834, Christian executed a deed in which he surrendered all of his interest in said slaves. According to the terms of both deeds, Sarah Eigleberger Smith's slaves would remain in her possession until her death; upon her death, the slaves would be distributed equally among her heirs. The petitioners state that her estate included nineteen slaves at the time of her death in 1861; four of said slaves have been in the possession of Jacob C. Eigleberger of Florida for several years. The heirs therefore pray that Jacob Eigleberger be compelled to account for his use of these four slaves and that a writ of partition issue for the division of the slaves, in whom Sarah Smith had a life interest.
Result: Granted.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
