Lee is the former slave of the late Martha F. Walker. In her 1833 will, Walker emancipated her slaves and provided $2000 "to purchase the wives and youngest child of her three negroes." The funds remaining were to be divided among her other slaves "for the purpose of removal to some place where they can enjoy their liberty." If moneys were lacking, she directed that the slaves should be hired out until they earned enough to emigrate. Lee now complains that the estate's executor, Richard Duke, is negligent. Duke took him "in his employ" for two and a half years at $50 per year and then hired him out for $40. Although Duke provided the necessary means for the other emancipated slaves to emigrate, he failed to do so for Lee and his family. Lee also contends that Duke has "possessed himself of the personal estate and effects of the said testatrix to an amount much more than sufficient." Lee prays that Duke, Walker's heirs, and her former slaves be made parties to this suit. He further prays that Duke be decreed to explain why "the wife and child of your orator are still detained in thraldom and slavery" and that he be made to "come to a fair and just account with your orator for and in respect of all the personal estate and effects of the said testatrix."
Result: Granted.
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Repository: Library of Virginia, Richmond, Virginia
