Nelly Duty v. John F. Darly
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To the Honorable Alexander HamiltonAlexander Hamilton
Judge of the Circuit CourtCircuit Court of St. Louis
County.

Your petitioner NellyNelly Duty
respectfully represents to your Honor she is
now held in slavery in the city and county
of St. LouisSt Louis and State of MissouriMissouri, by John FJohn F Darly .
DarlyJohn F Darly as administrator of the estate of
MiltonMilton Duty deceased; that said Duty died
in the county and State aforesaid in the year
eighteen hundred and thirty eight; that
before his death the said Darly made his
last will and testament by which he
emancipated certain of his slaves and
among them your petitioner, to whom
she then belonged, was also emancipated
by said will; that not withstanding said emanci
pation your petiontioner has been held in
slavery up to the present time but is now
in truth entitled to her freedom; your petitioner further states that all of the debts against estate said have been fully paid
that your
petitioner is a poor person wholly without
property or the means of maintaining her
suit.

Wherefore your petitioner prays your
Honor to make an order granting her leave to
as a poor person for her freedom, that she may
have reasonable liberty to attend her counsel
and the court as occasion may require
that she be not removed out of the jurisdiction
of the court nor subjected to any severity on
account of her application for her freedom.

NellyNelly her

X

Duty
mark
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State of MissouriMissouri
County of St.LouisCounty of St Louis


Ss.

NellyNelly Duty being
duly sworn upon her oath says that the
facts setforth in the above and foregoing

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petition are true.

NellyNelly her

X

Duty
mark
Sworn to and Subscribed
before me this 13th day of November 1847

PeterPeter W.Johnston

, Justice of the Peace
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State of MissouriMissouri County of St. LouisCounty of St Louis

Upon
hearing the above and foregoing petition
being of the opinion that it contains suffici
ent matter to authorize the commencement
of a suit.

It is hereby ordered that said petitioner
NellyNelly Duty have leave to sue as a poor
person for her freedom, that she have reasonable
liberty to attend her counsel and the Court as
occassion may require; that she be not
removed out of the jurisdiction of the Court
nor subjected to any severity on account of
this her application for her freedom

A. HamiltonAlexander Hamilton

,
Judge 8th JudlJudl Cir .
CirJudl Cir .Mo.
Nov. 15. 1849
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NellyNelly Duty plaintiff
against
John F.Darly Defendant

In the CircuitCircuit Court
CourtCircuit Court of St. Louis
County April Term (1849)

The plaintiff states that she is now
and has been for more than two years now
last past held in slavery by John F. DarlyJohn F Darly , admin
istrator of the estate of MiltonMilton Duty deceased
in the city and County of St. LouisCounty of St Louis and StateMissouri
of MissouriMissouri; that she is now and has been
during all of said time a free person; that
she has been confined and restrained of her

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liberty by said defendant, that she was formerly
the slave of said MiltonMilton Duty deceased;
that said Duty died in the year eighteen
hundred and thirty eight in the county of
St. LouisSt Louis aforesaid, that before his death
said Duty, being then, and so continuing
till his said decease the owner of the plaintiff
as his slave, made his will in due form
of law, a copy of which duly certified is here
with filed the original not being in the
possession or under the control of the
plaintiff; that by his said will
said Duty emancipated and set free all
his slaves and among them the plain
tiff; that all the debts of said estate are
paid or that an ample fund is now
in the hands of the defendant to pay the
same.
Moreover your petitioner prays
judgement of libration against the
defendant and all others claiming under
of or through him or the said MiltonMilton
Duty.

Field

&

Hall
Attys. for Plff.

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State of MissouriMissouri
County of St. LouisCounty of St Louis


Ss.

NellyNelly Duty
being duly sworn upon his oath says that
that the said petition and the matters therein
as stated are true.

NellyNelly his

X

Duty
mark
Sworn to and Subscribed
before me this 13th day of November 1849

PeterPeter W Johnstom Justice of the Peace

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NellyNelly Duty
vs.
John F. DarlyJohn F Darly

Petition

Field

&

Hall
Attys. for Plff.

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Filed Nov. 24 1849

M.S.Cerre Clk.

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County of St. LouisCounty of St Louis, SS.

The State Of MissouriMissouri,

To the Sheriff of St. Louis County, Greeting:

We command you to summon John F DarlyJohn F Darly as
admr. of the Estate of MiltonMilton Duty decd.
that he be and appear
before the Judge of our Circuit CourtCircuit Court on the first day of the
next term thereof, to be held in the City of St. LouisCity of St Louis,
within and for the County of St. LouisCounty of St Louis, on the third Mon
day of April next, then and there to answer unto
NellyNelly Duty of her petition for freedom
hereto annexed

And have you then there this Writ.

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Witness, Michael S. CerreMichael S Cerre , Clerk of said
Court with the seal thereof hereto affixed, at
office, in the city of St. LouisSt Louis, this
24th day of Novr. in the year of our Lord eighteen hundred and forty nine.

M S CerreM S Cerre

Clerk
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I acknowledge myself bound for all costs that may accrue in the above cause.
Witness my hand and seal, at St. LouisSt Louis, this day of 18

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April Term 1850 Mo For Secy for Costs 20 p 82
Nov 2 1850 Resignation of
Darly & appearance of ThomasThomas HarveyHarvey admr. ent 20 p 117. contd. 20 p.341
Nov. 1851 Dismissed 7th Mch 1851. 21. p. 441

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No. 19

April Term 1850
Saint Louis Circuit CourtCircuit Court

NellyNelly Duty
vs
John F DarlyJohn F Darly as admr. of the
Estate of MiltonMilton Duty decd.

Summons

Pet for Freedom
Field & Hall
Issued 24th Novr. 1849

M S.Cerre Clk

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State of MissouriMissouri
County of St. LouisCounty of St Louis


Ss

Upon hearing the above and
foregoing petition being of the opinion that it
contains sufficient matter to authorize the com
mencement of a suit

It is hereby ordered that said
petitioner NellyNelly Duty have leave to sue as
a poor person for her freedom, that she have
reasonable liberty to attend her counsel and the
Court as occasion may require, that she be
not removed out of the jurisdiction of the Court nor
be subjected to any severity on account of this her ap
plication for her freedom.

A HamiltonAlexander Hamilton Judge
8th JudlJudl Cir .CirJudl Cir .Mo.


a true copy attest

M S CerreM S Cerre Clk

Nov 15, 1849.
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Jury $ 2
Writ 1
Copy .30
$3.30 due

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Executed this in the County of St. LouisCounty of St Louis
on the 26th day of November 1849 by offering
to read it and the order made in this case
to John F. DarlyJohn F Darly Administrator of the Estate
of MiltonMilton Duty deceased which he refused
to hear, and by delivering to said Darly a true
copy of the Petition hereto attached

Louis T. LaBeanmeT LaBeanme

Shff
By

IsaiahIsaiah C. BrownBrown Depty


Fee $2.00
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NellyNelly Duty.
vs.
John F. DarleyJohn F Darley , Admr.
of the estate of MiltonMilton Duty.
No. 19

In the Circuit of
Nov. Term. 1849.

And now the defendant moves the court to
amend the orders heretofore made in this case
to the end that said petitioner be required
to give security satisfactorily to the clerk of
said court for all costs that may be ad
judged against him, or on failure thereof
that said petition be dismissed.

John F. DarleyJohn F Darley

Admr

and

ThomasThomas HarveyHarvey

Agent for the heirs
of MiltonMilton Duty decd.
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No.19
NellyNelly Duty
vs.
Jno. F. DarleyJohn F Darley , Admn.

Motion for security
for costs.

Filed 15th April 1850.

M.S. CerreM S Cerre Clk.

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NellyNelly Duty, plaintiff
vs
John F. DarlyJohn F Darly Admr., Defendant

Circuit CourtCircuit Court
St. Louis County
April Term 1850

Defendant states that it is true plaintiff
is now and has been held in slavery by de
fendant as stated in plaintiffs petition.

But, defendant denies that said plaintiff is now
or has been at any time previous hereto a
free person.

And defendnat says that said
plaintiff is now and always have been
a slave; and as such she now belongs
to the Estate of MiltonMilton Duty decd. - of which
Estate said Defendant says that hs is
now and has been for more than two years
last past the Public Administrator.

And as such administrator defendant says
that said plaintiff is now and has been con
fined and restrained by him of her liberty.

Defendant admits that plaintiff was formerly
the slave of MiltonMilton Duty during his life
time and at his death she became as
she is now a slave belonging to the Estate
of said MiltonMilton .

Defendant admits that said MiltonMilton Duty
died in St. Louis County in the State ofMissouri
MissouriMissouri about the year 1838.

Defendant denies that before his death
said MiltonMilton Duty made his last WillWill in
due form of law as alleged in plain
tiff petition.

And defendant denies that by
that alleged WillWill or by any other legal
mode the said Duty did emancipate

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all his negro slaves and among them the
plaintiff.

Defendant denies that said plain
tiff has any right whatever to be in
formed whether or not all the debts of
said Estate have been paid, or that an
ample fund is in the hands of the
defendant to pay the same.

And
therefore defendant declines to answer
said allegation in plaintiffs petition.

Defendant denies that plaintiff has a
right to institute and prosecute her said
suit as a poor person; and that as
said plaintiff has failed to comply with
the provisions of the law Entitled âAn
Act to [ inable ] persons held in slavery
to sue for their freedomâ she ought
not to be permitted to prosecute the
same.

Therefore defendant prays that
said petition be dismissed or that
Judgement be rendered in his favour.

John F. DarleyJohn F Darley


in proper person
Thos. HarveyThomas Harvey , Attorney
for the heirs of MiltonMilton Duty.
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ThomasThomas HarveyHarvey the agent & Attorney of
defendant makes oath and says He
believes the above answer and the
therein as stated are true.

Thos. HarveyThomas Harvey

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Sworn to subscribed
this17th of april 1850

M.S.Clk

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19.
NellyNelly , Duty
vs.
Jno. F. DarleyJohn F Darley , Admr.

Answer.

Filed April 18th 1850

M.S. CerreM S Cerre Clk

.