John C. Cunningham (#23)'s Estate Settlement of His Slaves

Following the death of John Cunningham Donnell on November 5, 1857, with there being no will, the Court of Pleas of Guilford County, North Carolina settled the estate. A portion of the estate included John's slaves. The first document below, appoints three commissioners to divide ownership of the nine slaves among John's immediate family members. The second document is a report from the commissioners about how the slaves were to be divided.

A transcript of each document follows the copy of the original. The copies of the original documents shown below came from North Carolina, Wills and Probate Records, 1665-1998 available on ancestry.com

[Note: On January 1, 1863, just 6 years after John's death, the Emancipation Proclamation declared "that all persons held as slaves are and henceforward shall be freed." The 13th Amendment, passed on December 16, 1865, abolished slavery in the United States.]

 

Page 888 of North Carolina, Wills and Probate Records, 1665-1998

 

North Carolina Court of Pleas and Quarter Sessions Guilford County. November Term, 1858.

Sarah P. Donnell & others Petition for division of Slaves.

Ex parte [Latin legal term meaning "by or for a party."]

On motion the following freeholders, to wit: Thomas ? Sandridge, Thomas Buchannon and Albert Rankin are appointed commissioners to divide the slaves named in the petition, viz: George, Eliza, Jesse, Louisa, Jane, Henry, Callie, James and a child, into three equal shares, and to allot to each of the petitioners, to wit: Sarah P. Donnell, Elizabeth Donnell & Sarah R. Donnell one share thereof in severalty [the condition of being separate], and to report their proceedings in due form of law to the next time of this court.

Witness, Lyndon Swain, Clerk of our said court, at office the 3rd Monday of November AD., 1858.

Opened Nov. 23, 1858.

Lyndon Swaim, _______
By H. C, Willis, ______

 

 

 

Page 885 of North Carolina, Wills and Probate Records, 1665-1998

 

In obedience to the order of court we the undersigned commissioners met 24th Day of Dec 1858 and proceeded to assign the Slaves of T. C. Donnell _?_ to wit.. George 1000 Eliza & Child _?__ 650 _?_ Caroline 500 _?_ to the widow Sarah Donnell making the estimation 2150..

No 2 Louisa _?_ 1150 Jesse 1000 aloted to Mary E Donnell Making ---- 2150..

No 3 Henry at 900 Jane at 900 James 350 aloted to Sarah R. Donnell Making 2150..

All of which we respectifully submit
Given und our hand and seal this Day and year above written.

Test C A Boon Staff
_?__ ____?_____ Staff

Albert Rankin (Seal)
Thos ? Sandridge (Seal)
Thomas Buchannon (Seal)

[Note: Callie, who is named in the first document, must be Caroline, who is named in the second document.]

 

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