Sarah W. Darneille seeks the court's assistance in constructing the will of her late father, Benjamin Johnson. She claims that the said Johnson bequeathed three slaves to her sister, Louisanna Gooch, stipulating that the said slaves should "be divided among her surviving sisters" if the said Louisanna died without issue. Darneille cites that Louisanna "has recently died without issue" and her slaves, now six in number, are in the possession of Austin Appling, a son-in-law of the late Johnson and an executor of his will. The petitioner reports that Appling "has communicated to your Oratrix a determination to sell them all, and divide the proceeds, amongst those who shall be entitled thereto, amongst whom he does not admit your Oratrix to be, affirming her said Husband to be entitled to them." Complaining that her husband has "by improvidence, thriftlessness, and long-continued habits of inebriety, entirely dissipated his own patrimony, and as much of that of your Oratrix as he was enabled to get possession," the petitioner prays "that the said Austin M. Appling be enjoined & prohibited from selling the said slaves or allowing them to be sold, or delivering them up to any one; that the said slaves be decreed to be divided equally between your Oratrix and her two sisters aforesaid."
Result: Injunction granted; decree for allotment; dismissed.
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Repository: Library of Virginia, Richmond, Virginia
