The next of kin of the late Jacob F. Young ask the court to "set up the will" of the said Young. They aver that Young, "a man of great excentricity," died seized and possessed of 350 acres of land, nine slaves, and $6000 in cash, which he kept "locked up in a chest." They avow that he "made and published his last will and testament" on 4 March 1858; that "said last will was never changed, altered or destroyed" by Young "from the time it was made ... till his death," on 6 December 1858; and that said will was kept in the locked chest with his other valuables, with the keys to said chest entrusted to Moses, one of Young's "kind and attentive and obedient" slaves. They charge that Benjamin Roney, "immediately after" his uncle's death, demanded that Moses turn over the keys to him. They report that when Roney "delivered up the keys, $3500 and the will were missing." They assert that Roney has filed a petition "to have all the property of every kind sold ... and he is exerting himself most powerfully to prevent said will from being set up." Noting that Young's will directed that three favored slaves be "given the privilege of selecting their homes or masters," they reveal that Roney "is advising the parties that by selling the three ... slaves and dividing everything equally, that all will be benefitted rather than set up the will." They therefore pray that a will "be set up by the Court ... and probated as the last will and testament of Jacob A. Young" and that "a sale of the property be enjoined for the present."
Result: Dismissed; appealed; reversed.
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Repository: Tennessee State Library and Archives, Nashville, Tennessee
