Barbara, "a free woman of colour," seeks to "set aside" a "conditional decree" authorizing the sale of her two children, James Washington and Lucinda. Before his death, Barbara's former owner, Stephen Osborne, promised to free the children and vowed that neither she nor any of her children would ever serve any of his children. Along with her children's father, Austin Day, a free man of color, she worked Osborne's farm and maintained her children "so as to keep the said Osburne free from all charges on their account," a condition Osborne promised to reward by considering her children "free born." However no contract was signed to verify this agreement, and when the "very promising children" were about six months old, Osborne's own children made offers to their father to purchase them. To accomplish this end, Osborne's children "proceeded to drive" Day from the plantation "by cursing and abusing of him, pissing on him, and threatening him with Horrid imprecations and ruin, if he did not leave their said father's plantation and give up all claim to those your oratrix's children as free persons." Before Day's departure, he gave Osborne "forty five dollars in Silver" to ensure that Osborne would free his children by his will. Osborne's heirs are now contesting the will and have obtained an order to sell the children as a means of dividing the estate. Barbara asks for permission to defend her children's right to freedom "under the said contract" as their guardian.
Result: Granted.
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Repository: Library of Virginia, Richmond, Virginia
