Petition #20682610

Abstract

John C. Holcomb petitions to settle a dispute regarding the estate of his sister, Charity Garrett Tufts. When Charity married Francis Tufts in 1819, the two entered into a marriage contract whereby Holcomb became the trustee of Charity's property. Francis would hold a life estate in Charity's estate, and after his death, the property would revert to Charity's "right heirs." The contract also stipulated that Tufts "should in no wise alienate or change" the property, consisting of a tract of land in South Carolina and slaves valued in 1826 at $5,000. At the time of the marriage, Tufts took possession of the property, and in 1824, Charity died leaving one child. Now Tufts refuses to deliver a copy of the marriage contract to Holcomb, who fears that Tufts will attempt to violate the agreement by taking absolute possession of the property. Holcomb asks that Tufts be enjoined from doing so, and that he be compelled to deliver a copy of the contract. He also asks that the sheriff "arrest the body of said Francis Tufts and him safely to confine to the common Jail of said county until he shall deliver up to your orator the instrument in writing aforesaid and give bond and security" for the forthcoming of the estate upon Tufts's death.

Result: Settled.

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Citation information

Repository: Jones County Courthouse, Gray, Georgia

Subjects