Abstract

http://ssrn.com/abstract=1136259
 


 



Fathers of Conscience: Mixed-Race Inheritance in the Antebellum South


Bernie D. Jones


Suffolk University Law School

June 2008

Bernie D. Jones, FATHERS OF CONSCIENCE: MIXED-RACE INHERITANCE IN THE ANTEBELLUM SOUTH, University of Georgia Press, February 2009

Abstract:     
Fathers of Conscience examines high-court decisions in the antebellum South that involved wills in which white male planters bequeathed property, freedom, or both to women of color and their mixed-race children. These men, whose wills were contested by their white relatives, had used trusts and estates law to give their slave partners and children official recognition and thus circumvent the law of slavery. The will contests that followed determined whether that elevated status would be approved or denied by courts of law.

Bernie D. Jones argues that these will contests indicated a struggle within the elite over race, gender, and class issues - over questions of social mores and who was truly family. Judges thus acted as umpires after a man's death, deciding whether to permit his attempts to provide for his slave partner and family. Her analysis of these differing judicial opinions on inheritance rights for slave partners makes an important contribution to the literature on the law
of slavery in the United States.

Number of Pages in PDF File: 1

Keywords: legal history, American South, race

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Date posted: June 3, 2008  

Suggested Citation

Jones, Bernie D., Fathers of Conscience: Mixed-Race Inheritance in the Antebellum South (June 2008). Available at SSRN: http://ssrn.com/abstract=1136259

Contact Information

Bernie D. Jones (Contact Author)
Suffolk University Law School ( email )
120 Tremont Street
Boston, MA 02108-4977
United States
617-573-8169 (Phone)
617-305-3090 (Fax)
HOME PAGE: http://www.law.suffolk.edu/
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