Back to Extract Index

Chancery Records Spring 1842 to Fall 1843  book 4519

 #6

Your Orator, James Pack of S. C. and Richard M. Eskridge and Teresa his wife of Marengo County show that Joseph Pack the grand father of complainants, James and Teresa, who was possessed and well entitled to a considerable real and personal estate in SC duly made and published his last will and test. Bearing date the fifth day of August 1816.  Gave to his wife, Louisa Pack the residence of his personal property for and during the term of her natural life.  The testator (Joseph Pack) died in Sumter dist., SC.  On 11 March 1828 Joseph Pack was appointed executor.  Orator states that when Louisa died the slaves were not sold and the proceeds thereof divided according to the provisions of the will.  The slaves were divided among the surviving children of the Testator. That Joseph Pack the father of complainant, James and Teresa received for his share under said division a Negro woman named Maria aged about 48 years, a Negro woman named Eliza about 22 years, a Negro boy named Jim Cook aged about 10 years. That afterwards Maria had two children, to wit; two girls, Margaret about 9 years old and Mary about 7 years old and Eliza had one child, a girl named Harriet about 3 years old. Joseph Pack moved to Marengo County and died in the year 1838 in possession of said Negroes and that your Orators, James and Teresa and Joseph their brother were the only children of the said Joseph Pack living at the time of his death and that Joseph, the brother of your Orator, died intestate in Marengo County in 1841. David Curry was administrator of the  Negroes and became the purchaser thereof. Your orator shows that that they were justly entitled to the slaves and the increase thereof and also the annual value of the same from the time demand made.  David Curry denies the existence of a will and refuses to give up the slaves.

Exhibit A

Joseph Pack Last Will

I Joseph Pack of Sumter Dist. , SC give and bequeath to my son Isham Pack 295 acres where he now lives adjoining W. S. Richardson.
I give and bequeath to my son, John Pack 350 acres..
I give and bequeath to my daughter, Sarah 350 acres where she and her husband, Thomas Mims now live.
I give and bequeath to my daughter, Nancy, 404 acres where she and her husband, Martin Bird now live.
I give to my son, Joseph Pack, 707 acres.
I give to my daughter, Rebecca Pack, 300 acres..
I give to my daughter, Mary, 200 acres.
I give to my daughter, Dorcas, wife of T Broome, 300 acres.
I give to my son, William Pack, 237 acres.
I give to my son, Benjamin Pack, 200 acres.
I give to my son, Alexander Pack, 200 acres.
And reserving for my wife, Louisa, the use of the land.
I give to my daughter, Martha Pack 220 acres.