In this episode of Probate Notes, Sam welcomes trust and estates litigator Terrence Franklin for a powerful conversation that blends probate law, history, and personal discovery. Terrence shares that, decades into his legal career, he uncovered a 19th-century will contest that directly shaped his family's freedom and reshaped his understanding of the law's role in justice.

The discussion traces Terrence's path from Harvard Law School to trust and estates litigation, before turning to the remarkable story of his fourth great-grandmother, Lucy, who was enslaved in the 1840s. Through a meticulously drafted will and a contested probate proceeding in Florida, Lucy and her family were ultimately freed and transported to Illinois. What began as family lore evolved into a documented legal record, including trial transcripts, probate inventories, and judicial rulings, all of which remain available today.

Sam and Terrence explore the legal mechanics of emancipation through probate, including bond requirements, jurisdictional differences across states, the role of estate-planning attorneys, and the real consequences of probate litigation. The episode also reflects on legacy—how lawyers, clients, and courts shape outcomes that can echo for generations—and what it means to "bend the arc of history toward justice" through intentional action.

This episode offers a rare look at probate law not just as a technical process, but as a force capable of protecting freedom, preserving truth, and shaping the future.

In this episode, you will hear:

• A 19th-century will that emancipated an enslaved family through probate
• How a contested estate preserved freedom and a family legacy
• The role of estate planning attorneys in navigating emancipation laws
• Probate court records that survived fire, time, and near erasure
• Executor duties that extended far beyond asset distribution
• Lessons modern probate practitioners can draw from historic cases
• How one estate plan shaped generations to come

Resources from this Episode

https://www.trustlitigation.la/attorney/franklin-terrence-m

https://www.linkedin.com/in/terrencefranklin

https://www.youtube.com/watch?v=HWgKIv1nTto

https://lucysutton.com

https://creators.spotify.com/pod/profile/terry-franklin

The 6-Stage Probate Process: How to Navigate California Probate: https://a.co/d/82310Rw

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Episode Credits

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