- Chancery Cause #1785-001, Nathaniel Wilkins vs William Wilkins, 15 pages of documents consist of the bill, a summons, the answer of William Wilkins and a page of notes summarizing the facts of the case.
Plaintiffs: Nathaniel Wilkins (carpenter), Peter Wilkins & Jacob Wilkins
That in the year of our Lord Christ 1770, William Wilkins, father of your orators, departed this life intestate, leaving issue Peggy Waterfield, Elishe Wilkins and John Wilkins, of lawful age, by his first wife and William, Joseph, Benjamin and your orators Nathaniel, Peter & Jacob Wilkins by a second ?? (uncertain word), then infants and under the age of twenty-one. After the death of the said intestate, his widow Catherine & his son, the abovesaid John, took administration of his estate, in which, among other things were a number of slaves and personal chattels. The personal estate was administered on as the law requires, but there was not, nor is there yet, any legal partition made of the slaves, agreeable to the act of assembly in such case lately made & provided but on the contrary, while your orators were infants of very tender years, the intestate's children who were of lawful age, by illegal means procured partition of the slaves.
Joseph and Benjamin died underage and without issue. The slaves allotted to Benjamin by said illegal procedure were Jack, Adam & Henry. Joseph, who had two slaves so allotted to him, viz, Anda & Luke, and Anda has since had issue, two children, Sam & another whose name your orators do not at present recollect. The said William as heir at law to the said Joseph & Benjamin claimed and took possession of the slaves to them so illegally allotted, and also their increase and still holds the possession of them, contrary to another act of assembly in such cases lately made & provided. Your orators well hoped that when they should arrive to lawful age, capable of acting for themselves, which they now are, that the said William & others concerned or interested in the partition of said slaves would have, agreeable to law and equity consented to and made partition of said slaves.
But now, so it is, may it please your worships that the said William altogether refuses to consent to partition of said slaves.
There is another document which states that the daughter Elishe died without issue and the son John died leaving a son William who was under-age.
The answer of the brother, William Wilkins stated that the prior division had been in effect for ten years and when William's part of the slaves were delivered to him, he understood from all parties that the division was perfectly fair and equal and such of the children as had less valuable slaves assigned to them had the deficiency supplied in money to be paid by the others.
The outcome of this suit was not included within these documents.
|
Abt 1730 - 1809 (79 years)
