Four grandchildren of the late William Smiley seek to protect their remainder interest in his estate slaves. By his will, Smiley left all his property to his widow in life estate and, at her death, to his grandchildren. The widow, Dorothy Smiley, had possession of the estate until 1844 when she sold "her interest therein to one Newell Webb." Webb has threatened recently to send the eighteen slaves out of the state, where they "may never be able to find or get them upon the death of said Dorothy Smiley," thus depriving them of their remainder interest in said inheritance. In addition, they "believe the said negroes have been treated very badly." They cite that "on one occasion as many as a hundred lashes were inflicted on one of the boys not more than twelve years of age." In addition, "although the females ... were in the habit of breeding very fast in the life time of the Testator, yet since his death although there are four women between the ages of eighteen and forty, only one child has been born among the whole of them." Therefore, the heirs pray that Smiley and Webb be ordered to give "ample security" to ensure that the slaves will be forthcoming at her death. They also request that the defendants be ordered "to treat said negroes more humanely and to furnish them with sufficient & wholesome food, and with sufficient clothing, and to abstain from inflicting severe and cruel punishment upon any of them."
Result: Slaves sold.
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Repository: South Carolina Department of Archives and History, Columbia, South Carolina
