2 F. Cas. 1096
U.S. District Court
Decided November 15, 1804
U.S. District Court · decided 1804-11-15
This was an action to try the right of the plaintiff to his freedom under the will of Mrs. Turner, which was in these words: “I will that my slaves be sold by my executors, for the folio-wing terms: Bazil for eight years,” (and others for other terms,) “and the money arising from the same I desire shall be applied in the following manner, to wit,” C. Lee, for plaintiff, cited Bade v. Alexander, 1 Wash. (Va.) 30; Mayo’s Lessee v. Car-rington, Id. 45; New Rev. Code, 191, § 36.
Decided 1804-11-15
¶1But
¶2decided that it was the intention of the testatrix that the plaintiff should be free after eight years’ service after her death; and that the term began to run from the time of her death, unless some cause should be shown for extending it for a further reasonable time; and that as more than eight years had elapsed between the death of the testatrix and the commencement of this action, the plaintiff is entitled to his freedom.