Petition #21381909

Abstract

Col. James E. Macpherson, executor of the Sarah Postell estate, prays that Richard Johnson Jr. and Catharine Johnson Cater "account for the use and hire of the negro slaves which did belong to the said Sarah Postell in her lifetime." Macpherson points out that "no settlement of the lady's fortune was made" to Postell's daughter, Sarah Macpherson Postell, upon her marriage to Thomas Miles Cater because both Thomas and Sarah were "at the time of the marriage within the age of twenty one years." He notes, however, that "an informal partition was made, by which one half of the negro slaves were separated from the common stock for the use of the said Thomas M. Cater and his wife, until a further settlement of Testatrix's Estate should be made." He also cites that creditors tried to levy these said slaves when Thomas's "private Estate was entirely exhausted" due to his "embarrassed circumstances" whereupon Thomas did "declare that over this fund he had no control." Following the deaths of Thomas and Sarah, the petitioner charges that the executors of Thomas's estate intend to dispose of his "Estate in favor of the issue of his last marriage and his widow." He asks that the defendants be compelled to deliver to him the estate slaves in question.

Result: Granted.

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Citation information

Repository: South Carolina Department of Archives and History, Columbia, South Carolina

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