manumission by will
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 34 U.S. 461 - Robert Fenwick v. Eliza Chapman · 1835Most cited · 17 citing opinions
Maryland 1796
by the statute of Maryland, 1796; ch.
67, sec.
13; manumissions of slaves by will and testament, may be made to take effect at the death of the testator: that the testator may devise or charge his real estate with the payment of debts, to make the manumission effective, and not in prejudice of creditors: that the right to freedom may be tried in a suit at law, against the executor, at the instance of the manumitted slaves... when a testator manumits his slaves by will and testament, and it clearly appears to have been his intention that the manumission shall take place at all events; the manifest intention, without express words, to charge the real estate, will charge the real estate for the payment of debts.
How often courts cite the cases defining “manumission by will”
Court decisions citing the 2 opinions that defined “manumission by will” — 22 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 2 definitions, chronological · 1834–1835
- ORIGINAL
no particular mode of emancipation is specified, either by the act of 1777, or of 1801. As between the master and the slave, the intent and volition of the master to emancipate, may be made known by any species of instrument that will completely evince it; and then nothing more is wanted but the assent of the state, expressed by its organ, the court... The mind and desire of the owner may be as well expressed by will, as by deed or any other instrument; and when it is made known by his will, the duty of his executor is, to use such legal means as may be effectual for the completion of his purpose.