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Lemmon: Freedom Suit, Augusta County

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and that the Plaintiff so remained the property and Slave of the Said Joseph until the Said Joseph's death. That the Said Joseph; on or about the 18th of May 1811 at the County of Kanawha aforesaid, Signed Sealed and published a paper Writing purporting to be the last Will and Testament of the said Joseph which said paper Writing was executed and Witnessed in the manner and form prescribed by law for executing and Witnessing last Wills and Testaments. That the said Joseph Holmes was of full age and of Sound disposing mind when he So executed and Published the said paper writing so purporting to be the last Will and Testament of the said Joseph Holmes was contained a Clause to the following effect. Item. It is my Will and desire that my Negroe man Lemmon Shall have and enjoy his freedom after my death, and for his attention and friendship during my illness. It is my further will and desire that he shall have my Sorrel Horse and a Saddle and Bridle, and ten dollars in Cash. That the plaintiff is the same Negroe man Lemmon mentioned in the Said Clause of the Said writing purporting to be the last Will and Testament of the Said Joseph. That the said paper purporting to be the last Will and Testament of the Said Joseph was destroyed in the life time of the said Joseph by inadvertency [inadvertently] without his the sd. Joseph's knowledge or participation and against his wish. That after the destruction of the said paper writing aforesaid, the said Joseph did know that the same was so destroyed and expressed his regret that it had been done & requested his friend Col. Andrew Donnally, Jr. to write his Will over again, But the said Joseph afterwards in his life time executed no paper writing or expressed any wish that the provisions of the said paper writing so destroyed as aforesaid should not be carried into effect, or that the same paper writing should be revoked, annulled in any manner, confirming the destruction thereof as aforesaid That the said Joseph departed this life after the 7th day of May in the year 1811 At the County of Kanawha aforesaid and before the institution of this Suit, and that no paper was by the Said Joseph either Signed Sealed or published as his last Will and Testament or as a