Williamson v. Williamson, 57 N.C. 272 (1858).

This case was filed in Wilson County Court of Equity by Garry Williamson and Jesse Fulgham, executors of the will of Thomas Williamson, concerning the distribution of certain enslaved people for whom Williamson claimed ownership. The principle question posed to the North Carolina Supreme Court was whether enslaved children, born before Williamson died, passed with their mothers to the designated legatees. “The general rule is clearly settled that the bequest simply of a female slave and her increase passes the mother only, and not the increase which she may have had before the will was executed, or between that time and the death of the testator.” An exception would be where the testator’s intent to include the children can be inferred from a reference to the enslaved woman having previously been in the possession of the legatee. Otherwise, the children become part of the “residue,” i.e. property to be liquidated and the proceeds equally divided among legatees.

The chart below summarizes the fates of 26 of the enslaved people — all women and children — that Thomas Williamson owned. It is a stark encapsulation of the devastating impact of slavery on African-American families. And where were their men? An examination of Williamson’s will, drafted in August 1852, reveals further separation. Turner, Patrick and Dennis were bequeathed to his wife Keziah Williamson, and Jack was passed to son Garry Williamson.

 

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