Edward F. Way petitioned the Liberty County Superior Court, saying that Nathaniel J. Way of Liberty County had died on [date left blank], leaving his widow Mrs. Sarah Jane Way and his children by a previous marriage Jane Augusta Way and Mary E. Caroline Way as his only surviving heirs. He said that after the death of Nathaniel J. Way, Sarah Jane Way had applied to the Liberty County Ordinary and had obtained letters of administration on his estate and letters of guardianship for the children, all of whom lived in Liberty County. Way also said that prior to Nathaniel Way’s death, he (Edward Way) had purchased from him “the undivided moiety one half of the following named Slaves (the other half being then owned by [Edward Way]) viz. the Slaves Paul, Lizzie, Hagar, Peggy, Jim, Henry, Ceasar [alt: Caesar], Cyrus & Tena” for $1775, and that he had received from Nathaniel Way a bond and mortgage obligating him to make title for the enslaved people. This bond and mortgage were recorded in the Liberty County Superior Court Clerk’s office and were dated December 9, 1850.
Edward F. Way said that he had paid the money and had taken possession of the people. Then, “it being somewhat a matter of doubt whether the title to said negroes vested in the aforesaid Nathaniel J. Way or in the above named Jane Augusta & Mary E. Caroline the children of said Nathaniel J. Way,” a bill had been filed at the Superior Court in the April term 1851 asking the court to settle the claim and authorize Nathaniel J. Way to make the title to Edward F. Way and to reinvest the money paid for the sole use and benefit of his children. Way attached the decree of the court authorizing Nathaniel J. Way to do the same.
Edward F. Way said that he was confident that Nathaniel J. Way would have done what was required if he had lived. He had applied to Sarah Jane Way, as administratrix of the estate, but that she had refused to do so without a ruling of the Court. He requested that she be summoned to Court. She subsequently came to court on November 15, 1852, and acknowledged the truth of all that Edward F. Way had said.
Recorded in Liberty County Superior Court on January 20, 1853.
Source: Superior Court proceedings, Vol. 5, 1842-1855, Liberty County, Georgia, pages 474-481; database with images, “Liberty County Superior Court Proceedings, Vol 5 1842-1855,” FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3Q9M-C3H3-Q5D7 : accessed 9 Feb 2023), Family History Library Film 008628085, item 2 of 2, images 612-5 of 658.