John and Martha Mixson charge that widow Sarah Boylston is squandering the estate of her late husband, George Boylston. George Boylston's last will and testament bequeathed a life estate in all of his personal property, including more than 1000 acres of land and twenty slaves, to the said Sarah. Since his death in 1849, the widow has remained on his estate, but more importantly, she has actively "cut down many thousands of the said pine and oak tree" and sold the timber to the South Carolina Rail Road Company and other purchasers. Sarah also sold two slaves, Tom and Milly, to two different owners, who have taken the respective slaves out of state. The petitioners charge that since Sarah has only a life interest in this property, her actions "defeat the intention and true meaning of the said will." The terms of her life estate do not permit her to sell the land or the slaves, but instead require her to keep up the estate for the benefit of Boylston's children, who have a remainder interest therein. The petitioners fear that Sarah will continue to sell slaves and timber unless the court intervenes. They ask that Sarah Boylston be restrained from selling any additional property. Moreover, they ask that she be compelled to account for any profits she has earned from the estate of George Boylston, including profits earned from the timber sales and the sales of Tom and Milly.
Result: Granted.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
