James Z. Mathews asks that his late wife's indebtedness to him be satisfied out of her estate. He attests that his wife Rebecca "was indebted to him in a very huge sum exceeding one thousand dollars ... the whole of which remains still unpaid." Mathews notes that Rebecca entered their marriage with an estate in land and approximately thirty slaves that was held in trust "for her sole and separate use." He further asserts that Rebecca's will directed that he receive a house and a lot in Petersburg as means to satisfy a loan of $600 and "that her debts should be paid from the hires of her slaves." The petitioner cites, however, "that the said Rebecca N. Mathews died largely indebted, and to such an amount as, in the judgment of her Executor, to render necessary the sale of the whole of her real estate ... including the House and Lot aforesaid devised to your Orator." Mathews therefore prays "that your Honor may decree to your orator satisfaction out of the estate of the said R. N. Mathews decd of his debts aforesaid" and "that he may be indemnified as devisee of the real estate aforesaid which has been sold to pay debts." The 1850 decree states that a group of slaves emancipated by Rebecca's wills be charged with a portion of the debt and thereby sold for a term of years.
Result: Granted.
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Repository: Circuit Court Clerk's Office, Petersburg, Virginia
