Petition 20185831 Details

To the Honorable Wade Keys Chancellor of the Southern Chancery Division of the State of Alabama in the Eleventh Chancery District (KEYES, Wade)

Filing Date:

1858-February-2

Ending Date:

1860-November-8

General Petition Information

Abstract:

Susan E. Walker, a feme sole and widow of James T. Walker, prays that the court will restore her distributive share in her husband's estate. James T. Walker died in 1857 "seized & possessed of a large Estate," worth at least fifteen thousand dollars. The estate included several valuable tracts of land and eighteen slaves. Shortly after her husband's death, Susan was invited to visit the home of William Mount, a relative and heir of her late husband, and his family in Georgia. While enjoying "the apparent hospitality & Kindness" of Mount she was asked if she would be willing to sell her dower's interest in the lands of her late husband for twenty four hundred dollars. She accepted the offer, but now realizes that in the contract she later signed to seal the deal she actually bargained away not only her dower's interest but her distributive interest for the previously agreed upon sale price. Being "unable to read or write, & reposing the utmost confidence in the said Mount as a man of truth, good faith & honesty," she did not suspect that he would be capable of fraud and deceit. If it is necessary to rescind the whole contract in order to effect the restoration of her distributive interest, Susan Walker informs the court, she is prepared to do so. But if not necessary, she would prefer that the contract remain in place as regard her dower's interest provided she is able to recover her rights to her distributive share.

Result:

denied; dismissed

# of Petition Pages:

3

Related Documents:

Copies of Indenture, Susan E. Walker to William Mount, 13 November 1857; Final Decree, 8 November 1860