The petition to the will made by Martha McNeill and others to Judge Farquhar Bethune, filed November 30, 1844.
(From: Papers concerning the will of Zephaniah
Kingsley, 1844, 1846,
Series M87-
20)
Page 13
and they are a divided and believe that the said apportionment
is wholly illegal and void and that it were legal
and valid it would not confer upon said infant
natural children any right which they did not before
posses or in any way enlarge those that they had before
possessed and did then possess. And that the said George
Kingsley was and is wholly in capable of taking upon
Himself one of exercising the office of Guardian in this
Territory for the reasons above stated in relation to his
Appointment as Executor and that his appointment
of Guardian is equally void as is that of his
appointment of Executor.
And your Petitioner further shew unto your Honor
than the said Zephaniah Kingsley by the said instrument
of writing so by him called his Last will and Testament
as aforesaid authorized (so far as he thereby could
authorize) his Executors to allow to any of his (the said
Zephaniah Kingsley’s) slaves the privilege of purchas-
-ing their freedom at one half the price of their prospective
valuation on condition of their emigrating to Hayti [Haiti]
if they cannot be allowed to stay as free in this Territory
(as will more fully appear by reference to the said instrument
of writing) which provision your Petitioners are advised
and believe is in contravention of the Laws and
Statutes (and against the policy of the Government of
this Territory), dangerous to the peace and safety, and hostile
to the interests of the community, and that the said
instrument of writing so called the Last will and
Testament of the said Zephaniah Kingsley deceased
is for these reasons also, null and void.
And your petitioners further shew unto your Honor that
they are advised and believe that slaves cannot be manumitted
and set free in this Territory either directly or indirectly
except upon contain conditions restrictions and limitations
for which condition, limitations, or restrictions the said
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