Thomas Clark avers that his brother, Housand Clark, died in 1835 without issue. Shortly after his death, "a certain paper purporting to be his Will" appeared. By this paper, "three of his Slaves to wit Milly, Rhody, and Silvy are emancipated and the remainder of his estate disposed of to the said Slaves, your Orator," and other heirs. The petitioner "charges that the said Housand Clark for a number of years before his death and particularly at the date of the said paper was not of Sound mind and memory; ... that for a long time before his death he lived entirely among his Slaves without any white person in his family and was wholly and completely under their influence and controul; that such was his feebleness of body and imbecility of mind that his Slaves particularly Milly Rhody and Silvy who were chiefly about his house and person could and did influence him to do whatever they desired." Thomas Clark prays that the heirs of Housand Clark as well as the two still-living slaves, Rhody and Silvy, be made defendants to this suit. He further prays that the "pretended will" be annulled and "that the parties in possession deliver up the estate of the said decedent to be divided amongst his heirs at law."
Result: Dismissed.
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Repository: Halifax Circuit Court Building, Halifax, Virginia
