Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Tag: Zimmerman

By her tender years incapable.

To the General Assembly of the State of North Carolina

The petition of John Monroe, Zebulon Hunt, Alexander B. Caldcleugh, and James Sawyer Executors of the last Will and Testament of Andrew Caldcleugh late of the County of Rowan dec: respectfully sheweth That their Testator on the 11th of february 1822 made and published his last Will and Testament in writing, in which among other things, he devised as follows — That his woman Slave Fanny Kelly should be emancipated for meritorious serviced, rendered to him and his wife, during their sickness, their Testator further devised that the daughter of the said woman Fanny Kelly, called and known by the name of Sally Zimmerman a child of tender Years, should be also emancipated. The said Testator in and by his last Will made ample provisions for the maintenance and support of the said Fanny and Sally as will be seen by reference to his Will.

For the purpose of carrying their Testators Will into effect, Your petitioners applied to the Superior Court of law held for Rowan County at October term 1822, and were permitted by the Judgment of the said Court to emancipate the said woman Fanny Kelly, which they have done in conformity with law. But the said Court having power only to allow emancipation of Slaves for meritorious services rendered to their Owners, and the said Sally from her tender Years, being incapable of rendering such services as are contemplated by the act of Assembly Your petitioners are unable to affect the emancipation of the said Child Sally by the Judgment of said Court.

Your petitioners further state, that no other person then Your petitioner Alexander R. Caldcleugh has any interest in retaining the said Girl Sally in a state of Slavery, he being the only child and heir at law, as well as resduary legatee of the said Andrew Caldcleugh.

Your petitioners being unable from the circumstances they have stated to give effect to the wishes of their Testators, without the Assistance of the General Assembly respectfully pray, that an act may be passed for the emancipaton of the said Sally Zimmerman.  /s/ Alex R. Caldcleugh, James Sawyer, Jno. Monroe, L. Hunt

General Assembly Session Records, Box 1 (November 1832-January 1924), Folder November 29, North Carolina State Archives.

 

An act to emancipate Sally Zimmerman.

An Act to emancipate Sally Zimmerman, a slave belonging to the estate of Andrew Caldcleugh, deceased, late of Rowan County.

Whereas the said Andrew Caldcleugh, in and by his last will, did devise that a female slave, called and known by the name of Sally Zimmerman, a child of tender years, should be emancipated and set free; and whereas the executors of the said Andrew Caldcleugh, by and with the consent of the heirs at law, and residuary legatee of the said Andrew Caldcleugh, have petitioned this General Assembly to carry the will of the said Andrew into effect as it relates to the said slave:

Therefore be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That from and after the ratification of this act, the said slave Sally shall be, and hereby is emancipated, and set free from slavery, fully and absolutely, and shall be called and known by the name of Sally Zimmerman.

Ratified three times and ratified in General Assembly, this 31st day of Dec. 1823

A. Moore, S.H.C.

B. Yancey, S.S.

A true Copy, Wm. Hill, Secretary

Chapter CLXVI, Public and Private Laws of North Carolina Passed by the General Assembly 1823-26, North Carolina State Library.

In the 1850 census of Northern Division, Davidson County: Sarah Zimmerman, 31, living alone. She reported owning $600 in real property.