Eliza M. Osborne, executrix of the estate of her husband, Judge James G. H. Osborne, seeks the return of two slaves. The petitioner states that in 1803, in Camden County, Georgia, her mother-in-law, Catharine Osborne, conveyed a "negro slave Sally and her issue to one Catharine Howell in trust to hold said negro slave for the sole use and benefit of one Maria J. Osborne," Catharine Osborne's daughter. The deed of conveyance stipulated that upon Maria's death, Sally and her increase would descend to her children or, if she died childless, to her brothers. As trustee, Howell would receive the use of the said slave and her issue during her natural life "free of any hire or expense." After Maria died childless in 1806, Catharine Howell kept Sally and her five children. In 1817, an agreement was reached between Catharine Howell and one of Maria's brothers, James G. H. Osborne, who owned the entire interest in Sally and her family. Per the agreement, Howell agreed to relinquish her life interest in the slaves in return for payment of an annuity for the remainder of her life. Howell kept the slaves until 1820, when James Osborne agreed to let her keep one of Sally's children, Patty, for the rest of her life, in return for a discount on the annuity. Upon her death, ownership of Patty would revert to him. When Howell died in 1826 in Alabama where she had moved her residence, Sheriff John Martin was appointed administrator of her estate. Eliza Osborne charges that Martin took possession of Patty and her child in December 1827 and has refused to relinquish them. She avers that Patty and her child belong to the estate of her husband; she asks that the defendant deliver the slaves to her immediately.
Result: Granted.
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Repository: Alabama Department of Archives and History, Montgomery, Alabama
