4 D.C. 171
Decided May 15, 1831
Petition for freedom;, under the will of Peter Dejean. objected, at thé trial, that there was no evidence that the petitioner was “ under the age of forty-five years,” when his title to freedom accrued. If he was over forty-five, he is not entitled to his freedom.
Decided 1831-05-15
¶1was of opinion, that under the 13th section of the Act of Maryland, 1796, e. 67, the manumission is prima, fade valid; and that the defect of age, which by the proviso is to render the manumission ineffectual, must be shown by the party who claims the petitioner as a slave.
¶2Verdict for the petitioner.