Henry M. Stevens and his wife Elizabeth S. Stevens, as well as Henry Porter Stevens, John M. Stevens, James E. Stevens, Matilda L. Stevens and an unnamed infant, all minor children of Henry and Elizabeth Stevens represented by their next friend Henry M. Stevens petitioned the Liberty County Superior Court. They noted that in a marriage settlement between Henry M. And Elizabeth S. Stevens dated March 9, 1843, “certain negro slaves particularly named in said Deed of marriage settlement” were conveyed to Peter W. Fleming, Josiah S. Law, and Joseph Law, all of Liberty County, in trust for the sole use of Elizabeth S. Stevens, then Elizabeth S. McKinne, as if she were a feme [sic, femme] sold “not withstanding the said coverture for and during the natural life of the said Elizabeth S.” At her death, they were to be held in trust for and living children of Henry and Elizabeth, or if no living children, in trust for anyone to be designated in Elizabeth’s will.
The petitioners stated that the original trustees wished to be released from their duties to have Henry M. Stevens appointed as sole trustee, but the marriage settlement did not provide for a substitution, so they were applying to the Court. They added that “it has become very desirable and would be for the interest of the Trust Estate & of all the parties in interest that the said negroes or a portion of them should be sold and the proceeds reinvested in other property,” but the marriage settlement also contained no provision for this, so they were applying to the Court for this as well. They asked that the original trustees be summoned to court for testimony and a decision.
Peter W. Fleming, Josiah S. Law, and Joseph Law were summoned to Court and agreed that they wished to be discharged from their duties and have Henry M. Stevens appointed in their stead. They also agreed it was desirable to make the requested sale and asked the court to give Henry M. Stevens this power. Their testimony was dated April 19, 1853.
Recorded in Liberty County Superior Court on July 1, 1853.
Source: Superior Court proceedings, Vol. 5, 1842-1855, Liberty County, Georgia, pages 485-489; database with images, “Liberty County Superior Court Proceedings, Vol 5 1842-1855,” FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3Q9M-C3H3-QRHX : accessed 9 Feb 2023), Family History Library Film 008628085, item 2 of 2, image 617-619 of 658.