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Lucinda: Freedom Suit, Fauquier County (Part 3 of 4)

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to effectuate the benevolent intentions of his testator in their behalf. and in the absence of any denial thereof in the way in which they are advised they may demand a denial they again crave the merciful interposition of the Court to protect them from eloign[e]ment by sale under the said [exemitions?] or otherwise till it may be fully inquired of whether the sufficiency of other estate of Jno: R. Wallace may not enable his admor with full justice to the creditors of said estate to give effect to the will of the decd in their behalf. They further beg leave to remind the Court that they are now in the jail of Fauqr [Fauquier] County in custody of the Shff: and that of course their custody in such form as will secure their forthcoming to answer the judgmt of the court, will continue. That in the nature of things they can furnish no other security to the creditor than their own safe custody either in jail or hired out under sufficient bonds for their forthcoming. Nor can they (such is the imbecility of the condition under which the law places them) do more than aver their own belief that upon a full & fair trial they will be able to establish their right to the benefit intended for them supported by the belief of counsel as set forth in their statement, to which your petitioners again beg leave to refer and finally pray for such an order from the court as will carry out these fair & lawful objects with every other relief which may seem meet & equitable. To which they again pray a summons, or writ of subpoena of injn etc. Moore & Spilman pq. (Exhibit A) Fauquier County to wit: Whereas Lucinda a colored woman hath appeared before me a justice of the peace for said county with her daughter named Maria a child about four years old, and hath laid before me a duly certified copy of the will of the late Jno: Robt: Wallace which said copy is hereunto annexed alleging that she and the said Maria are the slaves manumitted by the said will. and the said Lucinda in behalf of herself and the said Maria complains that they are illegally detained as slaves by Christopher Neale admor with the will annexed of the said Jno: R. Wallace decd. contrary to the express provisions of the said will and to the right and justice of the case. These are therefore in the name of the Commonwealth to require you to take charge of the said woman Lucinda and the said child Maria to be produced before the judge of the Circuit Court of said County at the next term thereof; and in the mean time that you cause the said C. Neale, admor as aforesaid to be notified of the proceeding and make return to the said Court how you have executed this warrant. Given under my hand this 1st day of March 1852. Jno. A. Spilman J.P. To the Sheriff of Fauquier County On the first day of March 1852, I levied two Exors, one in the name of Lucien Dade vs. J. W. Wallace's admr: and the other in the name of James Edwards vs. J. R. Wallace's admr. on the within named Lucinda & her child Mariah, claimed as part of J. R. Wallace's estate, and was taking them to jail when a warrant from Jno: A. Spilman was handed to me requiring the Shff: to keep the said Lucinda & her child until the next term of this Circuit Court. The said persons are now in the care of the jailor awaiting the further order of the Court. Robt: Smith D.S. for Wm. R. Smith S.F.C.