| Summary: | The will of John Whitted, who died in 1804, possessing considerable property, left three slaves, half of his money, part of his real estate and the rest of his property except for the remaining slaves to his wife Susannah. Other houses and the residue of land and other property, including six slaves (Jack, Hetty, Duncan, James, Stephen and Betty), were left to his daughter Anne. There was a proviso that if there were other children they should also get a share. Other provisions made directions in the case of Anne's death before she reached the age of 21. John set out what should go to his bothers William and Levi. In this regard the will also directed that Fanny, a mulatto slave, should be emancipated by his executors, and that his slaves Duncan, James, Stephen and Betty should also be freed. Fanny had been freed, but the others had not. Both Susannah and Anne had died intestate. The complainant had married Susannah and became her administrator. Evaluation of rents and hires of slaves. The Supreme Court decided that the sum to be paid to Fanny on reaching the age of 21 was to be paid. The emancipation of the other slaves was declared void and they became the property of the next of kin of the testator. The court also resolved questions as to the distribution of profits and other clauses of the will.
|
|---|