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Mary : Freedom Suit, Accomack County

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Statement & opinion of Counsel assigned by the Court on the application of negroe Mary to be allowed to sue in forma pauperis to recover her freedom. The Petitioner I understand was formerly the slave of Edward Bailey decd. late of this County. The said Edward Bailey by Deed dated 25th day of April 1806 Emancipated the said Mary to take effect when she attained the age of 35 years, and the claim of the Petitioner to freedom is founded upon the alleged facts of her having attained the age of 35 years. If the Petitioner be really of that age she is entitled in my opinion to her freedom under the above Deed. On this subject no evidence is adduced to me showing that Mary is 35 years of age. And on the other hand I have received a statement from General Major S Potts, which he offers to verify by affidavit, showing that she under the age of 35 years. Under this view of the facts of the case, my opinion is that the Petitioner is not now entitled to her freedom. Thos R Joyner Feby 27 1826