Race and Slavery Petitions Project

Petition 20183401 Details

State:Alabama
Location:Madison
Location Type:County
Salutation:To the Honorable, the Judge of the Fifth Judicial Circuit of the State of Alabama, sitting in Chancery for the County of Madison
Filing Date:1834-June-19

General Petition Information

Abstract:Thomas Lowry, guardian of William E. Gardner, states that twenty years ago Abner Eason died in Bertie County, North Carolina, bequeathing "a life interest" in two slaves, Kate and Harry, and Kate's future issue to his daughter, Penelope Gardner, and "that at her decease the same should belong to her heir." In 1832 when Penelope died, Kate's increase amounted to eleven children and grandchildren, who, according to the provisions in Eason's will, descended to Penelope's only son, William E. Gardner. Lowry asserts that William Daughtry, administrator of the estate and Penelope's second husband, and Nathan Smith, William Gardner's guardian at the time, contrived to deprive William E. Gardner of his rightful inheritance by dividing the slaves among themselves. Lowry contends that Daughtry, who received six slaves, sold Harry to William Vesey and has attempted to sell the other slaves and has "made preparation to remove" some of the slaves "to parts unknown with a view of preventing the recovery of them for said Ward, and that for that purpose he has manacles in readiness to force them away contrary to their will also, they being anxious to be restored to their rightful Master." Since the partition, the slave Hester has died in Daughtry's possession. Lowry asks the court to nullify the partition and the sale and requests that the slaves be returned to the possession of his ward. In addition, he asks Daughtry and Vesey to account for and pay to his ward for the hiring out of the slaves.
Result:No recorded result
# of Petition Pages:4
Related Documents:PAR #20183805; Letters of Guardianship, Thomas Lowry [Loury], 2 June 1834
Pages of Related Documents:0

People Associated with Petition 20183401

Slaves:12
Free Persons of Color:0
Defendants:3
Petitioners:1
Other People:4

Citation Information

Repository: Madison County Public Library Archives, Huntsville, Alabama

  • Circuit Court 1836-1838 vol H
  • Document Number c 23-28
  • Volume: H
  • Page: 404-407

Processing Information

Record Created:4/22/1998
Record Final Edited:12/7/1998
Record Last Updated on:3/12/2007 12:55:00 PM