When Joseph West of Baldwin County, Georgia, died, he bequeathed a life estate in three slaves, Dinah, Serena and Nathan, to his wife Sarah West. He stipulated that, after Sarah's death, the slaves would go to Ann H. Daniel, the couple's daughter and now the wife of Zadok J. Daniel of Barbour County, Alabama. Sarah West, who still lives in Georgia, has now hired out two of the slaves, Dinah and Serena, together with Serena's child born since the bequest, to Zadok Daniel; the three slaves are now in his possession in Alabama. However, Zadok Daniel is insolvent and Ann West fears that the three slaves may be liable for this debts and her future inheritance thus wasted. Sarah West has consented to the creation of trust for the sole and separate use of Ann and her family, apart from her husband's property. Zadok has agreed to relinquish his marital rights. Ann therefore petitions for the court permission to proceed with the trust. By its related order, the court accedes to Ann's prayer and orders that a trust be created covering Dinah, Serena and Jerry. The court decrees that Nathan will not be included in the trust and will remain part of Sarah's life estate.
Result: Granted.
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Repository: Barbour County Clerk's Office, Clayton, Alabama
