William P. McConnell and his wife Mrs. Ann McConnell petitioned the Judge of the Superior Court of the Eastern District of Georgia, sitting in equity, along with James D. McConnell and Samuel D???? McConnell, their minor children represented by their next friend William P. McConnell. The petitioners stated that they had contracted a marriage settlement in 1822 in which all of the property belonging to Mrs. McConnell was conveyed to Joseph Law and James Lambright to be held in trust for the separate use of her and her children. Lambright and Law having died since then, the trusteeship had passed to John Law, Joseph Law’s executors, but he had moved to Ohio, so resigned the trust, and Capt. Thomas Rush McConnell and William R. McConnell were substitued in his place by the Court. William Rush McConnell had moved to the territory of Oregon, due to “the duties of his profession,” and now the entire trust was held by William R. McConnell.
The petitioners stated that they were anxious to raise the sum of $1000 for the education of their children, and that they could raise this amount via a loan from the executors of the estate of John Lambert on a mortgage of “the slaves composing the Trust Estate or so many of them as may be necessary provided the acting trustee will legally execute said mortgage.” They stated that they had asked him to do so, but he had said he did not feel safe doing so without a Court order.
McConnell appeared before the court on December 5, 1853, acknowledged the facts of the case, and stated that he believed it would be beneficial to carry out the petitioners’ wishes. He said, however, that he was only willing to do so if the amount raised by the mortgage was returned to the estate and that if this did not happen “at the expiration of the trust said amt shall be deducted from the share or shares of the minor complainants James D. & Samuel D. McConnell” and also provided that he had the permission of the Court.
Recorded in Liberty County Superior Court on February 20, 1854.
Source: Superior Court proceedings, Vol. 5, 1842-1855, Liberty County, Georgia, page 538-539 ; database with images, “Liberty County Superior Court Proceedings, Vol 5 1842-1855,” FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3Q9M-C3H3-QLGS : accessed 9 Feb 2023), Family History Library Film 008628085, item 2 of 2, image 643-5 of 658.