Petition #20183401

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.

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Citation information

Repository: Madison County Public Library Archives, Huntsville, Alabama

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