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Barbara: Freedom Suit, Isle Of Wight County (Part 1 of 4)

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4 [respondent], to wit, Amelia Ann, Lucy Ann & Solomon, - since the death of Dawson Warren your respondent has qualified as the administrator of Cherry Warren & has taken possession of her estate for administration & as her administrator has possession of the undivided negroes belonging to her estate. it was the desire of the said Dawson Warren to exchange other property for the undivided negroes & he made several propositions for that purpose to your respondent, but no division of the negroes was ever made, or any purchase of the respondents interest by the said Dawson Warren in his life time. Your respondent denies that she said testator Dawson Warren ever intended by his will to emancipate Tempy Amelia Ann Virginia & Rufus, enumerated as petitioners in the bill, as the testator by his will merely gives them respectively a legacy of ten dollars, expresses a desire that such of them as belonged to him should have their freedom if they could do any thing for themselves - Amelia Ann was one of the negroes sent your respondent as aforesaid by Dawson Warren in part satisfaction of his share of Cherry Warrens estate & is no where in the testators will claimed as his property or attempted to be emancipated. Tempy & her children Virginia & Rufus & another child of Tempy not named in the will were sent by the testator in his life time to James Wheadon of Surry who claimed them as a donation & subsequently sold them with the exception of Davy who died in Mr Wheadon's possession. Peter has died since Doct Warrens death, since which time Barbara has had an infant child whose name is unknown to your respondent. Until the estate of Cherry Warren is settled & the value of the interest of your respondent ascertained he will be unable to decide whether to elect to take 5 the benefits given him by the testators will, in lieu of his interest in the said negroes. Your respondent saith that it appears by the Complts bill that his wife Margaret Delk late Warren is interested in the said election of negroes to have their freedom & that the said Margaret Warren & your respondents children, Samuel D, Jeremiah C. L, Thos. G. B. Delk should be parties to the said bill, as well as Lewis the husband of Barbara, to whom jointly with Barbara the power of electing for their children is given by the testator's will. That as to Tempy & her children, Virginia & Rufus, the bill should be dismissed, as the testator parted with them in his life time as already stated to James Wheadon & the said negroes have never been in the possession of your respondent. That as to Amelia Ann a negro belonging to your respondent whom the tesator never desired to be emancipated the bill should also be dismissed. That the undivided negroes belonging to Cherry Warren's estate your respondent holds in the character of her administrator & hence in that character he should be a party to the said bill, and the said respondent prays that he may have the same benefit of this defence as if he had demurred to the bill for the non joinder of the said Margaret Delk & the said children, Samuel D, Jeremiah E, L, & Thomas G B Delk, [blank] & Lewis & himself in the character of administrator of Cherry Warren & for making the said Tempy, Virginia & Rufus & Amelia Ann parties to this suit: and this defendant desires etc & prays to be dismissed etc. Signed - Jeremiah Delk