Barbara: Freedom Suit, Isle Of Wight County (Part 1 of 4)
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Their suit, But before process issues upon the said Petition Mr. Whitfield or Mr. Graves is to make Exact statement to the Court of the Circumstances of the Case with his opinion thereupon. Doct Dawson Warren departed this life leaving a will in which he emancipated the woman Barbara and her seven children named in the petition and gives to Mr. Delk the Exor Eleven hundred and fifty dollars in lieu of his interest in such of said slaves as were undivided between, he Emancipated his man Isham and that Barbara and her husband Lewis shall elect for their children be also Emancipated Peter who has since died Tempe Amelia Ann Virginia and Rufus or such of them as may belong to him on a division I am of opinion that a portion of the petitioners are actually entitled to their freedom. J A Graves Robbt Whitfield
Robert H Whitfield esq: This day presented to the Court a paper purporting to be an exact statement of the circumstances of the case of Barbara and other persons of Colour with his opinion thereupon. And the Court seeing no reason to deny its interference doth order the Clerk to issue process against Jeremiah Delk exor of Dawson Warren dec'd to appear an answer the said Barbara [blank] Complaint, and the said Barbara [blank] are to be in Custody of the sheriff until the said Jeremiah Delk shall give bond with good security either in Court or with the Clerk on the penalty of $5000 payable to the Comth of Va to have the said Barbara and [blank] forthcoming to answer the Decree of the Court in which case the said Barbara and [blank]
are to be returned into possession of And in case the said Barbara and [blank] are returned into the possession of said Jeremiah Delk, he is not to presume to beat or misuse them upon account of this suit but to suffer them to come to the Clks office for Spa's for their witnesses, and to attend therein examinations and the trial.