In his last will and testament, Edward Quinn, deceased, divided his estate, except for his slaves, between his wife, Jane Quinn, now Jane Clark, several relatives residing in Ireland, and the Roman Catholic Church in Charleston. Quinn also specified that his slaves "may be kept together by my executors and that they may be clothed and supported out of my entire assets and effects without being hired for the space of one year from my decease and that in the meantime, my said executors do make application to the Legislature of the State of Georgia, to free them, I not having it in my power from the nature of the law now in force to do so myself and in the event of the same Legislature refusing to free or emancipate them" they should be moved to some place where they can "enjoy their freedom." Jane Clark states that the clauses of the will which grant property to foreigners are contrary to a law prohibiting foreigners from owning property in Georgia. She further avers that "the emancipation of the slaves therein mentioned, is contrary to express Statutes of Said State, against her well established and long recognised public policy and inimical to her institutions and therefore null and void in law and equity." Clark argues that she is, therefore, the only legal heir to Quinn's estate. She has appealed to his administrator, James Harper, on several occasions to deliver the slaves into her possession; however, he has refused. For a time, Harper hired out the slaves. He now argues that they have "departed from his custody & possession." Clark believes that the slaves were in Savannah under the care of Harper's brother. She asserts that Harper had "ample time & means to have recovered them" and she holds him responsible for their loss. Clark asks the court to declare the clauses of the will regarding foreigners and the emancipation of the slaves null and void. She requests that Harper be ordered to give her the slaves and any money earned by their hire.
Result: Partially granted; slaves emancipated.
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Repository: Richmond County Records Retention Center, Augusta, Georgia
