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

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2 that the said Cherry Warren died intestate & possessed of personal estate amounting to $300 - exclusive of the negroes mentioned in the former answer of your Jeremiah Delk, which answer as to the negroes left by said Cherry & their distribution your said respondents here adopt as a part of this answer. That there was no qualification on the estate of the said Cherry until the [blank] day of [blank month] 18[blank year] when your respondent the said Jeremiah Delk qualified on her estate in the County of Surry as will appear from the annexed certificate of qualification marked (Q) & filed as a part of this answer. Exhibit Q That Doct Warren kept all the property of the said Cherry (with the exception of the negroes admitted in the said former answer of the said Jeremiah to have been sent to him in part satisfaction in right of his wife Margaret in the estate of the said Cherry) - & kept the same until his death. That the estate of the said Cherry still remains unsettled, that there has never been any settlement of her transactions as guardian of your respondent with the exception of a payment of $200. made to your respondent the said Jeremiah on account thereof in the year 1833. That until the estate of the said Cherry is settled & the amount of your respondents interest therein ascertained they cannot exercise the election to which they are put by the said testator's will as to the negroes mentioned in the same, which negroes descended from the said Cherry to your respondent the said Margaret & the said testator & which at the death of the latter were & still are undivided. Your respondents herewith file as a part of this answer a copy of the said testator's will marked (L), Exhibit L by the first clause of which he emancipates Lewis & Barbara & their seven children to wit, Lucy Ann, Jim, Pocahontas, Solomon, Anaky Elizabeth & Lewis giving to Lewis & Barbara the parents

3 of said children the right of electing whether the said children should be free. That with the exception of Lewis the parent who belonged to the said testator in his own right by purchase the other negroes, to wit, Barbara & her said seven children were negroes in the possession of Cherry Warren at her death belonging to her absolutely, that all there negroes with the exception of Lucy Ann & Solomon, two of said Barbaras children who had in 1844 been sent by said testator to your respondents in part satisfaction of their interest in said Cherrys estate, had been retained by said testator without division. Your respondents are informed & so charge that they are only put to their election between the negroes mentioned in the first clause of the will & the money specifically bequeathed the said Jeremiah in lieu of his interest in said negroes & that the further desire of land & bequest of money in said will to your respondent Margaret is independent of the said emancipation of the negroes & in no manner affected by any election she may make in reference to the same. That Isham to whom the said testator offers his freedom in the same clause of his will, was also one of the negroes left by Cherry Warren, in whom your respondents had an equal interest with the said testator. Your respondents deny that the said testator as charged in complainants bill ever intended to emancipate, Peter, Tempy, Amelia Ann, Virginia & Rufus, he merely gives them a legacy of ten dollars each & expresses a wish that each of them as belonged to him should have their freedom if they could do any thing for themselves. That Peter an old & infirm man has since the testators death died, - that at the date of the will Tempe & her children Virginia & Rufus belonged to the testator absolutely having been derived from his fathers estate, but that in his lifetime the said testator gave the said Tempe & her said children Virginia & Rufus, & a third