The petitioners, nephews of the late Martha Hudson, seek the return of six slaves from Jonathan Hudson. Martha, formerly Martha E. Abercrombie, received the slaves from Anderson Abercrombie in 1831 and was "authorized and empowered at her death to dispose of said property by will or testament." By her last will and testament, made shortly before her death in 1834, Martha bequeathed her slaves to her husband, Jonathan A. Hudson, for the remainder of his life, and stipulated that, upon his death, the slaves should be equally divided between the children of her sister, Sarah Ann Lewis. Her will was made "with the express condition and reservation that the negroes aforesaid are in no instance...to be sold to pay the debts of the said Johnathan A. Hudson." Since Martha's death in 1834, Jonathan has run into financial difficulties and the petitioners fear that the slaves will either be levied and sold, or taken away by Hudson. The Lewis heirs pray the sheriff "to take possession of the said property" until good security has been posted by the defendant. If sufficient bond is not given, the petitioners ask that the slaves be delivered to their father, Ulysses Lewis.
Result: Granted.
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Repository: Russell County Courthouse, Phenix City, Alabama
