Edmund Cosby, a free man of color, avers that his father, John, died possessed "of a Considerable Real and personal Estate." By his will, John left all his property to his widow, Dinah, in a life estate. His will further stated that, upon Dinah's death, the property be sold and the proceeds divided among his eleven children. Dinah Cosby has now died and the heirs wish to sell the property in order to collect their inheritance. The petitioner advises the court that his brother Jack died leaving three heirs and another brother died without issue. Cosby further asserts that "the five daughters named in the Will of their Father are slaves, and your Complainant is advised that under the laws of the Commonwealth," they cannot receive a share of the inheritance. The legal heirs now live in New York State "and are all anxious that the Land should be sold." Therefore, Edmund Cosby prays that the court appoint a commissioner to sell the land and that the proceeds be divided equally among the interested parties. Though unmentioned in the petition, Cosby's will also freed his son Demsey.
Result: Granted.
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Repository: Library of Virginia, Richmond, Virginia
