| Summary: | Bill filed to obtain a proper construction of the will of John S Easton and to get the advice of the court. It set out directions regarding the plantation, the slaves, the livestock, the use of the timber, and the clothing, support and education of his children. At the time of the testator's death, his son Henry had just come of age, Eliza was 14, John was 10 and Martha was 8. He bequeathed the slave Judah and her four children to his daughter Eliza. He bequeathed the slave Maria and her four children to his daughter Martha. He devised various tracts of land to Henry. John was bequeathed other land and the family home after the death of the widow. The widow was given six slaves absolutely and lent four others during her widowhood along with the plantation, livestock and timber. All slaves, except those given to his wife or loaned to her, were to be hired out and the proceeds to go towards clothing and educating his children. It was held that the widow was entitled to the immediate possession of the slaves, the livestock and farming utensils that were bequeathed to her. She was also entitled to immediate possession of the home plantation. Henry, having arrived at the age of maturity, was entitled to the land devised to him and a one fifth share of the undisposed property, leaving the balance as a common fund for the support and education of the other three children. When Eliza came of age or married, she would be entitled to draw out of the common fund the slaves given to her and a one-fifth share of the undisposed property. John, when he arrived at age, would be entitled to the land devised to him, subject to the life estate of his mother in the home plantation, and a one-fifth share of the undisposed property. Similarly, Martha, when she came of age or married, would be entitled to the slaves given to her and her one-fifth share. The widow would receive the final one-fifth share, but she had to wait for this until all the children had been educated and reached the age of maturity or married.
|
|---|