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Jack, etc., Trustee of v. Vass, Exr. of Philip E.: Chancery Cause, Halifax County (Part 2 of 2)

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and settled in some State of this union. Your commissioner further reports that there are three infant children entitled to their freedom under the will of said Philip E Vass to wit: Mary aged thirteen years or thereabout - Harriet Matilda, aged about eight years and Peter aged about six years - that their mother the aforesaid Matilda is still living and that in his opinion it will be most to the interest of the said infant children to be removed from this state to some other state of this union their mother having elected to be so removed and settled. Your commissioner omitted to state above in the proper place and therefor here reports that Samuel one of the slaves emancipated by the will of said Philip E. Vass was living at the death of said Vass and that he the said Samuel has since died. All which is respectfully reported and submitted. Nath'l. T Green Com'r. Time employed about the foregoing report and enquiries 2 hours at 75ยข pr hour $1.50 I have stated that Matilda is a descendant of Mary but this is upon the statement of one of the negroes (Patty) I suppose it is immaterial whether she is or not as she Matilda was living at Mr Vass's death and is one of the Negroes emancipated by his will. I file with the report an affidavit of Mr. Jas Young the neither Mary or Patty had and children after the death of P. E. Vass aforesaid who would be entitled to their freedom under the will. N. T. Green Com'r Halifax Circuit Court May 3rd 1855 James Young trustee and Jacob, Patsy, Meriwether, Mary & Matilda free persons of Colour, plaintiffs against Isaac Medley, Executor of Philip E. Vas dec'd defendant The defendant Isaac Medley, Executor of Philip E. Vass having departed this life & James Medley & Charles A Ballow having qualified as his Executors by Consent of the parties by Counsel the Court doth order that this suit stand resolved and be hereafter proceeded in against the said James Medley, & Charles A Ballow the Executors of the said Isaac Medley dec'd. And on the Motion of the Plaintiffs by Counsel the Court doth order that the opinion of Judge Thompson to which in all things this Court is directed by the decree of the Special Court of appeals pronounced on the 16th day of January 1855 to Confirm be Made a part of the record in this Case, and then this Cause Came on this day to be further heard upon the papers formerly read, on the decree of the special Court of appeals pronounced on the 16th day of January 1855 and on the opinion aforesaid of Judge Thompson and was argued by Counsel on Consideration whereof the Court doth adjudge, order and decree that Commissioner Nathaniel T Green do ascertain the Names of Slaves living at the death of the testator emancipated by the Will of Philip E Vass deceased and which of the said persons have since died, and the descendants if any now leaving of such as have died, and make report thereof to this Court, and the Court doth further adjudge order and decree that the same Commissioner do cause to appear before him or in some other Mode do ascertain whether the adult