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Hyppolitus Joseph Augustine Estho et al. v. Benjamin L. Lear, Administrator or Thaddeus Kosciuszko 130 (1833)

handle is hein.slavery/ussccases0124 and id is 1 raw text is: SUPREME COURT. HYPPOLITUS JOSEPH. AUGUSTINE ESTHO ET AL. V. BENJAMIN L. LEAR, ADMINISTRATOR OF THADDEUS KOSCIUSZKO. A case not being properly prepared m the circuit court for. a hearing, the decree was reversed,, and the cause remanded, with liberty to the plaintiff to amend his bill. AN appeal from the circuit court of the United States for the district of Columbia, holden in and for the county of Wash- ington. The case was argued by Mr Swann and Mr Sampson, for the appellants, and 'by Mr Wirt and Mr Dandridge, for the appellees. Mr Chief Justice MARSHALL delivered the opinion of the Court. The appellants had filed their bill in the'court of the United States for the county of Washington, alleging themselves to be the distributees and next of km ofThaddeus Kosciuszko, de- ceased, who departed this life intestate, as they allege, with respect to personal property in the United States. The bill charges that Thaddeus Kosciuszko, being about to leave Ame- rica, deposited with Mr Jefferson a paper writing purporting to be a will which was executed in Virginia, and is in the follow- Ing words I, Thadleus Kosciuszko, being just on my departure from Amenca, do hereby declare and direct, that, should I make no other testamentary disposition of my property in the United States, I hereby authorize my fnend Thomas Jefferson, to employ the whole thereof in purchasing negroes from among his own, or any others, and giving them liberty in my name, in giving them an education in trade or-otherwise, andin hav- Ing them instructed for their new condition in the duties of morality, which may make them good neighbours, good fathers or mothers, husbands or -wives, in their duty as citizens, teach- ing them to be defenders of their liberty and' country, and of

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