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00000nam a2200000Mi 4500 |
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on1391999430 |
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OCoLC |
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20240623213015.0 |
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m o d |
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230622s1840 ncu o 000 d eng d |
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|a UKAMD
|b eng
|e rda
|c UKAMD
|d OCLCO
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| 035 |
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|a (OCoLC)1391999430
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| 049 |
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|a HCDD
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|a North Carolina, Supreme Court, Raleigh :
|b Stone (executor of Stone) v Hinton et al, June 1840.
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|a Raleigh, North Carolina :
|b North Carolina Supreme Court,
|c 1840.
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|a 1 online resource.
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|a text
|2 rdacontent
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|a computer
|2 rdamedia
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|a online resource
|2 rdacarrier
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|a Slavery, abolition & social justice
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|a In her will, Sarah Stone directed that after her death her slave Happy was to go to Stone's sister, Margaret Hinton, and after Hinton's death to be sold or freed at her discretion. Stone's other slaves were to be sold in families, and to buyers intending to make use of them themselves rather than to speculators. The money arising from these sales was to be invested in bank stock, the interest from which would accrue to Margaret Hinton and Thomas Dashiel, Stone's brother; after their deaths, the stock was to go to Dashiel's son, Grayson. A later codicil modified the provision about the stock such that the bequest would be shared between Grayson Dashiel and two cousins of his if the education and tuition of Grayson Dashiel is withheld from me. After Sarah Stone's death her executor, David Stone, sold the slaves (other than Happy) on a twelve-month credit, with interest accruing on the debt during that period. On the payment date coming due, Margaret Hinton's husband, Joseph, insisted that only the principal of the money raised on the sale of the slaves should be invested in bank stock, and that two thirds of the accrued interest should be paid to him as due to his wife. Joseph Hinton also insisted that the title to the slave Happy had passed to his wife (and therefore to him) not merely for his wife's lifetime but absolutely, and expressed his intention to sell her. In addition, David Stone found himself unable to decide whether the conditions outlined in the codicil had come to pass, and so was uncertain on whom to settle the bank stock once bought. He therefore mounted a legal action, that the courts might rule on these questions. On the first issue the Supreme Court determined that since it was the established custom in North Carolina to sell slaves on credit, as purchasers generally paid for them out of the proceeds of their annual crop, then Sarah Stone could be assumed to have expected this to happen in the case of her own slaves; the money arising from the sale thus encompassed the principal and the interest, and both were to be invested in bank stock. On the second issue, it was determined that Grayson Dashiel had left Sarah Stone's home no later than 1832, that the codicil was dated 1835, and that by the time of Stone's death in 1839 he had never returned to her; the circumstances in the codicil regarding Dashiel's education being out of Stone's supervision were thus determined to have come to pass. Having decided on the two questions, the court determined that the plaintiff was to pay the costs of the suit out of the funds of the estate.
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|a North Carolina State Archives
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|f Material sourced from the North Carolina State Archives
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|a Court records
|2 fast
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|a Slave trade
|2 fast
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| 650 |
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|a Slavery
|2 fast
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|a Wills
|2 fast
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|a North Carolina
|2 fast
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|a Adam Matthew Digital (Firm),
|e digitiser.
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|a North Carolina.
|b Division of Archives and History,
|e owner.
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|a Slavery, abolition & social justice.
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|u https://holycross.idm.oclc.org/login?auth=cas&url=https://www.slavery.amdigital.co.uk/documents/detail/north-carolina-supreme-court-raleigh-stone-executor-of-stone-v-hinton-et-al-june-1840/17607058
|y Click for online access
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|a AMD-SLAVERYABOLITIONJUSTICE
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|a 92
|b HCD
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