|
|
The marriage of Aylett Waller and Lucy B. Armistead is verified in Waller vs Armistead Administrators settled by the Virginia Court of Appeals in 1830. 'Lucy B. Armistead, daughter of John Armistead who died in 1780 and of Mary his wife, who survived him and died in 1792, became entitled, on the death of her mother, to sundry slaves and to an interest in a tract of land in New Kent. She was then an infant, yet, as it appeared, she never had any guardian legally and regularly appointed, but her brother Robert B. Armistead, who was the administrator de bonis non of their father and the administrator of their mother, acted for her in place of a guardian. He took upon himself the care of supporting her during her infancy, and possessed himself of the slaves belonging to her, employing them either on his own farm, or hiring them out and receiving the hires. This state of things continued till December 24th, 1801, when she married Aylett W aller. Robert B. Armistead had made no settlement of the accounts of his guardianship, or agency for his sister, and he retained in his own hands the estate she was entitled to, thou she had then attained full age. But, on the very day of her marriage, a few minutes before the ceremony, he stated to her in the absence and without the knowledge of her intended husband, that the advances he had made would, on a fair settlement, be about equal to the amount of the hires of her slaves, and without exhibiting any account, or stating any particulaars, he proposed that she should give him an acquittance of the hires, and tendered a writing which he had previously prepared for the purpose, for her signature. She executed the instrument; it was a deed, dated December 24th, 1801, whereby, after reciting that the parties had mutually agreed to settle all accounts, and to release, each |