Authors: Marlen Suyapa Bodden
“Yes, I will keep in confidence whatever you tell me.”
“I remembered that my husband maintained a second coffer, and in it I found documents showing my grandson’s location. How much longer do you think it will be until the assessment of the estate is completed?”
“Mrs. Allen, that is indeed good news, and I have something favorable to report. I believe we will have finalized our work in less than two weeks. Now, may I please have the documents?”
I showed them to him.
“Well done. Was this everything in the coffer?”
“In terms of documents, yes, but I left the paper currency and gold coins that were in there. Here is the key to the coffer.”
“Do you know how much currency?”
“Yes, it was $70,000.”
“Mrs. Allen, I know I asked you this before, but you are sure your daughter did not have a will?”
“I am certain. I believe she would have mentioned it to me. I have her letters that she sent to us when she moved to Talladega. She was afraid of her husband, and I doubt that she would have written a will and not told us.”
“These documents concerning her son resolve the final piece of the puzzle with regard to the bequests. However, since your daughter died without a will, we will have to appoint someone as administrator of her estate. We should do that as quickly as possible, before her husband thinks of doing so. Would you like to serve in that capacity?”
“Yes, certainly.”
“Good. I will draft the papers, and after you sign them, I will take them to the judge for his signature. I should take them tomorrow morning.”
“What does the will say about Clarissa’s share of the estate?”
“Again, Mrs. Allen, I cannot say. But you will know soon.”
My grandchildren were making progress in their learning, and they reminded me of Clarissa when she was having her lessons. We were painting in the garden several days after my conversation with the lawyer regarding the whereabouts of Clarissa’s son when a servant said that Mr. Harris asked to see me in the office. I told the servant to take the children inside to their mothers. My brother-in-law was already there, but he and the lawyer had waited for me to discuss the developments.
“First, the judge signed the papers appointing Mrs. Allen as administrator of Mrs. Cromwell’s estate. Secondly, I have received Mr. Cromwell’s response to my letter. He has by now probably filed a petition in the Chancery Court for the Fourth District in Talladega.”
“Did he say what he will allege in the petition?”
“Yes, Mrs. Allen. I will show it to you, but in summary, he says that the petition will be filed against the executor of Mr. Allen’s estate, that it seeks Mrs. Cromwell’s share of her father’s bequests, the return of Sarah and Isaac, and the twenty field hands that Mr. Allen promised him.”
“But that is absurd. He ended the marriage and did not acknowledge the child as his,” I said.
“He says that he did not end the marriage and that, this will be difficult for you to hear, he will state in the petition that, at the time of their marriage, Mrs. Cromwell was pregnant and that she fraudulently concealed that fact from him.”
“That is not true. We told him and his parents that she was expecting and that is why my husband promised him the twenty field hands.”
“Well, he will allege that the child was the result of illicit intercourse, and Mr. Cromwell will name the putative father. He says that, by her fraud, she forfeited all obligations on his part.”
I closed my eyes and said a brief prayer. “What can we do, Mr. Harris? Is there a possibility that the petition would succeed?”
“In sending her back here, Mr. Cromwell did not legally annul the marriage, and the law holds that a husband has absolute title to property brought to the marriage by his wife. But with your permission, this is what I recommend. We should send someone to Talladega immediately with a letter from me asking Mr. Cromwell not to file the petition or, if he already has, to withdraw it on the following grounds: he will get the twenty field hands, Sarah, or her monetary value, and Isaac, and Mrs. Cromwell’s share of her father’s estate if he publicly acknowledges that he is the father of the child.
“If he does not accept your offer, we will argue that the court should not rule in his favor on his petition on the grounds that the marriage cannot be valid for the purpose of inheriting her estate and yet not valid as regards the child’s legitimacy.”
We followed Mr. Harris’s proposed course of action, but Julius had already filed the petition, which he refused to withdraw. The lawyer told Charles and me that, because of Julius’s actions, it was wise to accelerate entry of the will into probate.
“If the bequests are distributed before the Chancery Court rules on Mr. Cromwell’s petition, it will be difficult for him to obtain the grant that would go to Mrs. Cromwell’s son. By the way, I have already spoken with the judge here in Benton County. As you know, Mr. Allen appointed Judge Atkins to the bench, and he has agreed that, as soon as the assessment of the value of the estate is complete, he will sign the necessary documents to probate the will.”
I anxiously awaited the conclusion of Mr. Harris’s task, but there was nothing I could do to make him work faster. The following week, my sons, holding newspapers, interrupted a lesson on geography that I was conducting in the lesson room and asked to speak with me privately. Their faces were red. We took the children to my daughters-in-law, and my sons and I went to the library.
“Mother, do you not know what they’re reporting in the newspapers?”
“No, I haven’t read today’s edition.”
“Mother, these newspapers are from last week, from Mobile and Atlanta. We received them with the mail.”
“Well, what do they say that is so disturbing?”
“Everything about this sordid, filthy scandal concerning Clarissa. The Atlanta newspaper reports that Mr. Cromwell was planning to file a petition against Papa’s estate and alleged that… well, the paper revealed what Clarissa did.”
“This is what your father feared, that it would affect you. Have you heard anything from the banks?”
“Not yet, but, Mother, you know how people are. They are unlikely to trust us with their money if they think we come from an immoral family. What are we to do?”
“Let’s discuss this with your uncle. And we do not yet know that this news will have any impact on your business partnerships.”
“Mother, really, you can’t be such an innocent. We are certain to be outcasts after everyone learns about this.”
“You exaggerate. Remember that men who engage in commerce are worldly. It’s possible that they will see Mr. Cromwell’s petition for what it is: mere allegations.”
“Mother, Clarissa did what only common women do, and conduct that those gentlemen associate with the lower orders is not what they tolerate in a lady.”
We spoke with Charles and with Mr. Harris. Neither believed that there was anything to be done. Shortly after Mr. Cromwell filed the case in court, we learned that all the details with regard to the petition had spread throughout Alabama and Georgia. We retained Mr. Harris’s partner to represent the estate’s interests, and he agreed with Mr. Harris’s opinion that Mr. Cromwell had mounted a challenge that was difficult for him to win because he could not argue that the marriage was valid and at the same time deny paternity of the child.
Mr. Harris finally announced the conclusion of the estate’s valuation, and he went to the courthouse and returned with papers signed by the judge proving that the will had been entered into probate. He asked to speak first with Charles and me, and then he wanted Emmeline, Belle, Eddie, Bessie, and Dottie to join us. When only Charles and I were present, he told us how Cornelius wanted his estate to be distributed. I asked about Isaac, and Mr. Harris said that he was still Charles’s property. Charles said that he had already arranged to sell Isaac out of the state. Mr. Harris sent for the servants. They were uncomfortable in our presence, but the lawyer was gentle with them. He asked them to sit. They hesitated, but I joined him in persuading them to do so.
“First, I need each one of you to promise that you will not repeat, to anyone, what I am going to tell you,” he said.
They each promised.
“Mr. Cornelius Allen wrote a document, a paper, called a will, saying what he wanted to be done with his property upon his death. I will come straight to the point. Emmeline, Belle, and her children, Bessie and her children, Dottie and her children, and Eddie are free.”
Everyone prayed silently. The former slaves stared at Mr. Harris. Emmeline looked at me.
“Yes, Emmeline, it is true.”
They cried, even Eddie, and tears came to my eyes too.
“Thank God. Thank you, Mr. Allen. Thank you, Mrs. Allen. And thank you, Mr. Harris,” Emmeline said.
“You don’t have to thank us,” I said.
“Yes, ma’am, we do. Thank you for doing what the paper said,” Emmeline said.
Belle was still crying.
“Sir, what about my girl, Sarah? Did Mr. Allen say if she’s free too?”
“Yes, in fact, although it may seem somewhat confusing. Mr. Allen’s will basically says that Sarah was the property of Mrs. Clarissa Cromwell, but only during Mrs. Cromwell’s life. Upon her death, Sarah reverted, or went back, to Mr. Allen’s estate. But Mr. Allen said in his will that, if Mrs. Cromwell died before him, Sarah would be free upon his death.”
Belle whispered something to Emmeline.
“So if she didn’t run…” Emmeline said.
“Yes, it’s a shame that she did, but let us pray that Mr. Cromwell’s catchers do not find her. Now, there is more important information that you need to know, and this may be one reason why Belle and Eddie are still unhappy. I know that Mr. Allen bought Belle’s husband, Zeke, and that Eddie has a wife and children on the Barkley plantation. Now, in addition to freeing you, Mr. Allen said that you are each to get money from his estate. He gave fifteen thousand dollars to Emmeline, fifteen thousand to Eddie, fifteen thousand to Bessie, fifteen thousand to Dottie, and ten thousand to Belle. That is enough money for Belle to buy her husband from Mr. Allen’s estate and for Eddie to buy his wife and children from Mr. Barkley.”
Eddie was so happy that he could not stop smiling, but Belle was still sad.
“Belle, is there still something that concerns you?”
She kept her head bowed and struggled to speak.
“Go ahead, baby. Answer Mr. Harris,” Emmeline said.
“Sir, what about my sister?”
“I’m sorry, Belle, but we are doing the best we can to bring her back. But the truth is that, because they have not yet caught her, they probably never will. Now, there is a recent amendment, or change, to the will that says that the five of you and your families, should you wish to purchase them, must be taken, at no expense to you, to a free territory. I have consulted with the pastor of a large congregation and two prominent lawyers with whom I studied law in Connecticut and who live in Ohio, and they agree that the prospects are good for free Negroes in a town called Xenia in that area. I understand that this is all surprising to you, but Mr. Allen and I discussed this change to the will in detail, and he was clear that it was a requirement that you must be moved to a free state.”
“But, sir, how is we going to get there?”
“Mr. Allen thought of that too, Emmeline. He said that the lawyer handling his estate at his death should choose a pastor to take you there, and that the pastor was to help you find homes and employment. I have selected the Reverend Townsend, of the church that I attend, to perform this task.”
“Sir, what if they find Sarah and bring her back and we’re gone?”
“Sarah would be able to join you in Ohio. Now, for reasons that I cannot discuss with you, it is important that you leave here as quickly as possible. Eddie, if you want to buy your family, please tell me now and I will speak with Mr. Barkley tomorrow to arrange the purchase; and Belle, if you wish to buy your husband, I can immediately write the papers for Zeke’s purchase from Mr. Allen’s estate.”
They both agreed.
“Remember your promises to not discuss this with anyone. You should pack your belongings, but do so quietly, and be ready to leave Saturday night. Yes, Emmeline. Is something else worrying you?”
“Sir, I was thinking about Miss Mary, the midwife. She’s been so good to me and my girls. Is there any way that I could pay to buy her freedom?”
Charles spoke for the first time. “Mr. Harris, Mary is probably one of the most valuable slaves on this plantation. And I don’t think we should start giving all the slaves notions of freedom. If Cornelius wanted her to be freed, he would have provided for her in his will.”
Mr. Harris said, “Emmeline, Belle, Eddie, Bessie, and Dottie, please step outside and wait in the hallway.” Then he closed the door behind them.
“Mr. Allen, I understand what you’re telling me, but one of the privileges of freedom is the right to buy and sell property. And since the slaves are going to be sold anyway, what difference does it make if Emmeline wants to buy Mary and free her?”
“The truth is, I want to buy her for my plantation, but I really am concerned about the effect of freeing slaves other than the ones in Cornelius’s will. What ideas will be planted in the other slaves’ heads?”