3 D.C. 597
Decided May 15, 1829
Petition for freedom. The petitioners claimed freedom under the will of John Baptist Kirby, by which they were to be free at his death. Some of them were over forty-five years of age at the death of the testator. prayed the Court to instruct the jury that if any of the petitioners were over the age of forty-five at the testator’s death, the manumission was void as to them ; and. cited Burroitgh v. Negro Arma, 4 Harr. & Johns, and Hamilton v. Cragg, 6 Har. & Johns. 16.
Decided 1829-05-15
¶1The Court stopped Mr. Ashton, and said that the law of 1796 was positive and clear, and that the decisions of the Court of Appeals of Maryland upon their owfi law are to be respected by this Court.
¶2The Couet (nem. con.) gave the instruction as prayed by Mr. Ashton.
¶3Verdict and judgment accordingly.