Case of Levin Joyner vs. estate of John J Bayly

Date: 11 Apr 1866 [unknown]
Location: Accomack, Virginia, United States
Surname/tag: Bayly, Joyner, Freedmen

This is a Transcription of papers in the Freedmen's Bureau Records. A petition for payment by Levin Joyner, an African American man, for money owed to his father, Shadrach Bayly, by John J Bayly

• U.S., Freedmen’s Bureau Records, 1865-1878> Records of the Field Offices> M1913> 075> Images 177-185. Database and images at Ancestry.com [1]. Transcript by AM Hayes

Also, see Space:Application_from_Margaret_Bayly's_enslaved_people_to_be_registered_free

Petition of Levin Joyner; Settled 11 April 1866

To the Freedmen’s Court of the County of Accomac State of Virginia

Levin Joyner (a colored man), residing in the County and state aforesaid, humbly complaining, respectfully represents that a certain Margaret Bayly departed this life on or about the – of 18 – (left blank)

That the said Margaret Bayly, sometime before her death, duly made and published her last Will and Testament, which said Will was duly proven, and admitted to record in the Clerk’s Office of the Circuit Court of Accomac, that the said Bayly, by her said Will emancipated, and set free, the whole of her slaves named as follows[:] Shadrac, Levin, Parker, Jacob, Daniel, Leah, Nancy, Rhoda and two children, Ann & Leah, Esther & child, Nancy, Emma Baley(?) and that she also by her said will, bequeathed to her said slaves each, the sum of Forty(??) dollars, all which will fully appear by reference to the said will, an authenticated copy of which is herewith pled marked (A), and which your petitionerprays the Court to consider as part of this his petitioner.

And your petitioner alleges that Louis C. H. Finney the Executor appointed by the said Will, having refused to qualify as Executor of the said Will, a certain John J Bayly qualified as Administrator de bonis non(?) with the will annexed of the estate of the said Margaret Bayly, deceased, and undertook to administer the same, And your petitioner alleges, that the said John J Bayly Adm as aforesaid, did not pay to Shadrach Bayly one of the legatees of the said Margaret Bayly deceased the said sum of Forty dollars bequeathed to him as foresaid but wholly refused to do so, alleging as a reason for not paying the said legacy, that the said Shadrach was an old man, and that he would retain the money in his hands and expend it for the support and maintenance of the said Shadrach as he might need it. Your petitioner alleges that the said John J Bayly did not expend the said legacy upon the said Shadrach in any part thereof but after the death of the said Margaret Bayly the said John J Bayly hired him out two years, one year to a certain William H White for the sum of twenty dollars, and one year to a certain Charles Bayly for the sum of twenty dollars which said hires the said John J Bayly neglected and refused to pay to the said Shadrach Bayly.

Your petitioner further alleges that the said Shadrach Bayly departed this life on or about the __ day of 1865; that for a long time before his death, your petitioner supported him, and after his death buried him.

Your petitioner alleges, that on the 23rd day of March 1865, the said Shadrach Bayly executed a paper, in writing, as his last will and testament, by which said writing he gave to your petitioner, the said legacy bequeathed to him as aforesaid, as will fully appear by a reference to the said paper herewith filed marked (B), and which your petitioner is prays (?) may be considered as part of his petition. Your petitioner alleges, that the said John J Bayly, Adm of the said Margaret Bayly deceased has departed this life, and a certain Wm P. Bayly is the representative of his estate.

Your petitioner prays that this Court will grant an order directing the said Wm. P. Bayly, surviving Executor of the said John J Bayly deceased, to pay to your petitioner the sum of forty dollars with interest thereon from the __ date of 18 __ {left blank} till paid also the sum of ____ it being the amount received by the said John J Bayly for hires due to the said Shadrach Bayly, And that this Court will grant such ??, and other relief in the premises, as the circulstances of his case may required, And your petitioner will ever pray to

Levin X Joyner (his mark)

Will of Margaret Bayly

I Margaret Bayly of the County of Accomack do make my last Will and Testament in manner and form following.

I leave the following slaves free at my death viz. Shadrac, Levin, Parker, Jacob, Daniel, Leah, Nancy, Rhoda and two children Ann & Leah, Esther and child Nancy, Betsy & Emma – and I give to each of the slaves above mentioned the sum of forty dollars.

I give to Ann Rayfield widow of Levi fifty acres of land lying in Doll Swamp the same that I purchased of Levin Chambers one cupboard, one bed, bedstead mat & cord & furniture, the fifty acres of land aabove mentioned I give to her the said Ann during her life and at her death to her children.

I give to Thomas Melvin my nephew one mahogany Table.

I give to Thomas Bayly son of my nephew John Bayly one desk.

I give to Edward Chandler forty dollars cash.

I leave seven acres of land the same that I purchased of Eban Bird, lying in Doll Swamp, to be sold by my executor or administrator.

And lastly I do hereby constitute and appoint Louis C. H. Finney executor of this my last Will & Testament, revoking all other or former Wills by me made. In testimony whereof I have hereto set my hand & affixed my seal this the __ day of July one thousand eight hundred and forty four. 1844.

Margaret [her mark] Bayly

Witnessed by Southey S. Satchell, Bennett C. Scarborough, John Finner

Proved 24 November 1851.

will of Shadrach Bayly

March the 23 1865

My Will is that I do want my son Levin to have that money that was left to me by Miss Margaret Bally {sic} as it has never bin paid to me or any one else for me. I am now laying at deth’s doar and I have no one to do anything for me but Levin Came.

Ader Finey her marke + Jane Balley her marke+

Shadrack Balley’s will

There is all so due to me 2 years higher {hire} oll {old} Mr John Balley Did higher me out one year to Willame White one year to Charles Balley and I went to Mr John Bally and asked him for my higher he toled me that he was a going to lay that money Down and til I become Disable and that was all I ever did get and so Levin you go on and try and get some one to tend to it.