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Tag Archives: Ohio

- A Will without a Way: An Amherst County Freedom Suit


Title: Personal recolletions of the war, Illus. in: Harper's Weekly, v. 33 (1866). Library of Congress Prints and Photographs Division Washington, D.C.

Sometimes a will is not worth the paper it’s written on. Too often, people go through the trouble of creating a formal last will and testament only to have their desires ignored. The chances for dispute or contestation are even greater when there is opportunity for financial gain, as was the case of a 19th century man who wanted a better life for his slaves.

Samuel Gist listed in his will specific instructions for how his enslaved people should be treated after his demise. The will filed in the City of Richmond noted that Gist’s land would be sold and the enslaved people emancipated and taken to Ohio. In all, between 80 and 100 enslaved men and women gained freedom in 1819 and relocated with the assistance of William Hickman as dictated in the Gist will.  The men and women affected must have been overjoyed as Gist’s will created a way to escape from bondage. Yet all did not share the enjoyment.

At the time the move to Ohio, an enslaved women named Sarah was away from the Gist estate, living with her husband’s owner, George P. Luck. Luck had sold Sarah’s husband, leaving her with eight children between the ages of 18 months and 19 years, and a ninth baby on the way. To make matters worse, Luck was in debt, and unbeknownst to … read more »

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- Wills, Slavery, and Freedom in Augusta Co.


Map of Franklin County and Columbus, Ohio, 1872. (Image used courtesy of Historic Map Works.)

In November of 1860, executor William F. Smith was in a pickle.  Charged with settling the estate of Elizabeth P. Via of Augusta County, he had recently been a defendant in both a chancery and a judgment suit from seven of Via’s heirs that challenged the validity of her will.  The heirs objected to the provisions that Via made for her slaves, namely that they all be emancipated.  Additionally, she left $4,000 to transport them to a free state and set them up in homes there.  The remainder of her estate was to be distributed amongst Via’s heirs who were not pleased by this and thought it in their best interest to have the will invalidated so that they could get everything, including the slaves that were left at Via’s death.  The will was upheld, however, and then it was time for executor Smith to get on with the business of carrying out Via’s wishes.  But there were some questions that he struggled to answer about his job as executor.

At issue were several points.  Did children born since Via’s death have an interest in the money left to the slaves?  What should happen to the residue of the $4,000 after the will’s provisions were carried out?  How should title to any house or land purchased for the emancipated slaves be done?  The slaves had … read more »