Benjamin Rucks, son of the late Josiah Rucks and executor of his will, petitions for aid in dividing portions of his father's estate. Josiah Rucks died in 1836, leaving a widow and ten children and an estate consisting primarily of land and slaves. Rucks left his estate to his widow, Elizabeth, to be divided among his children after her death. During the lifetime of Elizabeth, much of Josiah Rucks's estate was divided among their children. Elizabeth has since died and several tracts of land and eight slaves remain yet to be divided, two of whom, Betty and Nanny, are elderly. Josiah Rucks requested in his will that Nanny and four other elderly slaves be allowed to choose with which of his children they would like to live. Several of the ten children have also died, leaving a total of thirty-five heirs. Noting that "from the number of slaves & the number of legatees it well be seen that it is impossible to divide them without a sale," Rucks asks that the remaining property be sold and divided among those heirs and that the court aid in making an equitable distribution.
Result: Granted.
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Repository: Tennessee State Library and Archives, Nashville, Tennessee
