Enslaved People Named: Clarisa, Jack, Cyrus, Samson, Silvy
During Bryan County Superior Court’s April term, 1855, Mary Wells, the complainant, as represented by her next friend John B. Dacosta, brought a case against her estranged husband, John V. Wells, and Isaac Perry, Littleberry Daniel, Nicholas J. Clark, as administrators of Elias Perry deceased. The case was heard in equity. The jury, led by foreman William M. Rogers, found that John V. Wells was holding Mary Wells’ share of Elias Perry’s estate, as one of the heirs, which consisted of “five negro slaves, to wit, Samson, Silvy, Clarissa, Jack and Cyrus, “beside their hire for about one year worth about one hundred dollars,” and also about $100 worth of money received by John V. Wells from Perry’s estate on Mary Wells’ behalf, and $49 received by John V. Wells from the estate of the late John J. Snead. Perry’s estate administrators were also said to be holding money for Mary Wells from the sale of estate assets. Noting that John V. Wells and Mary Wells had been separated for some time, the jury ordered that “the said negro slaves Clarissa, Jack and Cyrus, and the issue and increase of the female slaves,” plus the other assets that comprised Mary Well’s share of Perry’s estate, should be turned over to John B. Dacosta as her trustee to become her sold and separate estate free from any obligations of her husband John V. Wells.
The jury decreed, however, that “the other two negro slaves Samson and Silvy” were the property of John V. Wells and and also that he should be released from liability for the other sums mentioned. The jury decided that a deed of separation should be drawn up between John V. Wells and Mary Wells, and that she should pay the costs of the suit. Any sums being held for her by Perry’s administrators were to be paid to her solicitors.
In what appears to be the deed of separation, on April 19, 1855, John V. Wells, Bryan County, came to an agreement with his wife Mary and her “next friend,” John B. Dacosta, after lengthy and litigated “disputes and unhappy differences” between John and Mary. [NOTE: “next friend” (also called “prochain ami”) is a term for someone who could represent someone in court when they are not able to do so themselves. In this case, as a married woman, Mary could not represent herself.] Mary had been living separately from John, at her own expense. She and John B. Dacosta were said to have brought a suit in Bryan County Superior Court in equity against John V. Wells and other defendants. Following a court decree resulting from that suit, John V. Wells agreed to turn over to John B. Dacosta, as trustee, “all the estate goods chattles [SIC] and credits as aforesaid present and future and more especially the negro slaves Clarisa [alt: Clarissa] and her children Jack & Cyrus mentioned in the said decree.” The trust was to be administered for the benefit of Mary Wells. It was also agreed that Mary Wells could make contracts on her own behalf without any liability on the part of John V. Wells and that he would never in the future be liable for her “support, maintenance deeds or contracts.” She relinquished any claim of dower right to any present or future property of John Wells. Witnessed by Charles W. Ferguson. Recorded in Bryan County Superior Court on April 21, 1855.
Bryan County, Georgia, Deeds & Mortgages, v. H-J 1853-1874, Book H (1853-1860), page 155-160; digitized microfilm accessed through catalog, FamilySearch.org (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSLZ-197Y-X : 2 Mar 2025), image 82-85 of 715; microfilm #008188937, citing original records of Bryan County Superior Court.
Bryan County, Georgia, Superior Court Minutes, 1845-1861, digitized images contained in FamilySearch Library film #008628916, found online at https://www.familysearch.org/ark:/61903/3:1:3Q9M-C3H3-39VJ-W, images 442-3.