Petition #21485644

Abstract

John M. Miller, administrator, seeks to settle the estate of William W. Cowan. Cowan died leaving a widow and six children, five of whom were minors. One child, Eveline, has died since her father's death. Another daughter married William Hammonds in 1848 or 1849 and, upon her marriage, Cowan gave the couple a slave named Maria and her child, which Miller believes should suffice as their share of the estate. Cowan also owned seven other slaves at the time of his death. Miller relates that "it is the will and desire of all the distributees of said estate that said slaves be sold." He informs the court that this sale is not necessary to pay the estate's debts but is necessary in order to achieve an equal distribution of the property. Miller also avers that Eveline Cowan's interest in the estate has not been determined. He asks the court to administer her interest in the estate and to grant a sale of the slaves. In a cross bill, Cowan's widow, her new husband, and the minor children sue Miller and the Hammonds, claiming that the slave Maria and her child were part of the personal estate of William Cowan. They pray that Maria and her children, now four in number, be claimed as part of the estate and sold with the other slaves.

Result: Cross bill granted; appealed; reversed.

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Citation information

Repository: Tennessee State Library and Archives, Nashville, Tennessee

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