Race and Slavery Petitions Project

Petition 20182803 Details

State:Alabama
Location:Franklin
Location Type:County
Salutation:The Honourable the Judge of the seventh Judicial Circuit in the State of Alabama in & for the State of Alabama in Chancery sitting (, )
Filing Date:1828-December-2
Ending Date:1828-December-2

General Petition Information

Abstract:The petitioners, last surviving heirs of Thomas Blount Whitmill, seek to settle a dispute about the ownership of slaves in his estate. In his will, dated 1798, Whitmill, who resided in Halifax County, North Carolina, loaned to his then unmarried daughter, Elizabeth "six negroes-to wit: Sam, Eli, Charity, Tempy, Lewey & Molly & their increase during her natural life." If Elizabeth bore children, they were to inherit the slaves forever; otherwise, the slaves were to be divided equally among Thomas's other four children. Elizabeth married a man named Claudius David L. shortly after the making of the will and shortly before her father's death. Widowed a few later, she married Arthur S. Hagan, and then died, childless, in 1824. Her widowed husband is now in possession of the slaves and their increase. Anne S. Bell, wife of the petitioner, is the only surviving Whitmill heir. She and her husband, John J. Bell, are suing Hagan for title to the slaves and their increase, in addition to the proceeds from their hire since Elizabeth's death. The petitioners cite the status and value of the said slaves to be: "that Sam died before the death of Elizabeth W. Hagan. They estimate the aggregate value of the slaves, who now number fifteen, to be $5,550. They seek an attachment to prevent the defendant from removing or selling the slaves.
Result:granted
# of Petition Pages:3
Related Documents:Copies of Order of Attachment, 2 December 1828; Last Will and Testament, Thomas Blount Whitmill, 20 February 1798; Codicil of Thomas Blount Whitmill, 10 September 1798; Confirmation of the Last Will and Testament and Codicil, Thomas Blount Whitmill, 2 May 1825; Deed of Gift, Thomas W. and Drew S. Whitmill to Elizabeth Whitmill David, 1 October 1813; Certification of Deed, 18 March 1826; Bond, 11 December 1828; Summons and Attachment, 12 December 1828; Bond, Hogan to Bell, 16 December 1828; Answer, Arthur S. Hogan, 11 March 1829; Last Will and Testament, David Claudius, 18 February 1816; Certification of Claudius's Will, 23 August 1825; Depositions, Ann Whitmill, Patsy Barker, William Alsobrook Sr., and John Reddman [Redman], 5 February 1830; Request to Appraise Slaves' Value, Bell to Hogan, 2 February 1830; Deposition, Lunceford L. Alsobrook, 9 September 1829; Depositions, Samuel O. and George P. Eggleston, 29 May 1830; Deposition, John R. Acre, 25 July 1831; Interrogatories, John Acre, 25 July 1831; Cross Interrogatories, John Acre, 25 July 1831; Depositions, Elizabeth Powell, Elizabeth Barker, and Edmond Wiggins, 21 July 1831; Letter-Exhibit A, 15 September 1830; Letter-Exhibit B, 10 September 1826; Letter-Exhibit C, 14 January 1827; Interrogatories and Cross Interrogatories, Elizabeth Powell, Mary King, Edmond Wiggins, Elizabeth Barker, Milly Barrow, Phesuby Justus, Solomon Slater and Marcus Bishop, June and July 1831; Deposition, Mary King, 16 July 1831; Deposition, John Hogan and George Washington, 16 and 23 February 1830; Deposition, Drew Champion, 29 July 1831; Deposition, Henry Moran, Milly Barrow, and Mary Slater, 19 December 1826; Deposition, Mary Haynes, 6 October 1825; Deposition, Alexander Frazier, 24 March 1826; Deposition, Nicholas Bryant, 27 March 1826; Deposition, Shadrack Bell, 26 August 1825; Deposition, Dr. Isham Sills, 20 July 1826; Deposition, John Jones, 22 November 1825; Depositions, Mary and Henry Hodge, 24 July 1826; Deposition, William R. Smith, 5 March 1827; Deposition, Drew Champion, 29 July 1826; Commissioners' Report, 2 September 1828; Order, March Term 1829; Order, September 1829; Decree, August Term 1831; Court Record, 22 December 1831; Writ of Error, January Term 1832; Continuance, January Term 1832-June Term 1833; Decree, 29 June 1833
Pages of Related Documents:49

People Associated with Petition 20182803

Slaves:25
Free Persons of Color:0
Defendants:1
Petitioners:2
Other People:5

Citation Information

Repository: Alabama Department of Archives and History, Montgomery, Alabama

  • Alabama Supreme Court Cases, June 1833
  • Record Group:
  • Document Number 1363
  • Box:
  • Folder:
  • Book:
  • Volume: 35
  • Page: 289-340
  • Microfilm:

Processing Information

Record Created:8/22/1996
Record Final Edited:7/3/1999
Record Last Updated on:3/8/2007 11:23:00 AM