William H. Brown seeks to sell four slaves in the estate of his late mother, Martha S. Rucker Brown. He informs the court that his mother conveyed several slaves in a "Deed of marriage contract" to a trustee prior to her marriage in 1833. He further cites that "it will be shown, that said property was conveyed to the use of the said Martha S with the privilege to her of conveying away & disposing of the same as she might think proper." Noting that his mother did not dispose of said property before she died, Brown asserts that he and his brothers and sister are entitled to the same as her heirs. The petitioner alleges "that there are now ... only four of the negroes remaining, and that they will begin in a few years to depreciate in value." Of the opinion that the slaves "are incapable of being divided in Kind among them" and "in view of the hazard of loss by death," the petitioner prays "that the said negroes may be decreed to be sold & the proceeds thereof divided among the said several children."
Result: Granted.
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Repository: Library of Virginia, Richmond, Virginia