Thompson v. Clarke

Decided June 15, 1817

This was a petition for freedom. John Thompson by his will dated December 31st, 1804, devised, that if his wife should not have a child within nine months after his death, the petitioner, his slave, should be free after ten years service.

Relies on Robert Fenwick v. Eliza Chapman

Decided 1817-06-15

The Court

¶1(nem. con.) stopped Mr. Key in reply, and refused to instruct the jury that the petitioner was not entitled to freedom under the will,

¶2Verdict for the petitioner, and judgment. Although the title of several other of the slaves depended upon the same will, no writ of error was issued. See the case of Fenwick v. Chapman, 9 Pet. 461, accord.