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![handle is hein.slavery/ussccases0139 and id is 1 raw text is: SUPREME COURT.
CAIYDIuS F. LE GRAIM, APPELLA3sT v8. NIcHoLAs DABNAZL, AP-
PELLEE.
The act of the legislature of Maryland, passed in 1796, ch. 47, sec. 13, 4eclares-
that all persons'capable in law to make a valid will and testament, may grant
freedom to, and effect 'the manumission of apy slaie or slaves belongingto
such person or perso'ns, by his, her, or theirJ3st will and tbstament, and 'such
manumissiolt of any'slave or sldves may be made to take effect at the death of
the testator or testators, or at such other period as may be limited in such last-
will and testament; provided always, that no manumission by last will and tes-
tament shall be effectual to give freedom to any slave or slaves, if the same
shall be to the prejudice b6fcredltorsi nor unless.the- said stave or slaves shall be
under the age of forty-five years, and able to work and, gain, a sufficient
maintenance and 7ivelihood at the time the freedom given shall commence.
The time 'of freedom'of the appellee in this case, commenced when he Was
about eleven years old. Held, that his-maiumission by will was ialfd.
The court of appeals tf Maryland, has decided that a deviie of property real
or personal by a master tb his. slave, entitles-the slavqto hih freedom by neces-
sary implication. This'Courf entertains the same opinion, [670]
APPEAL from the circuit court of the United States, for
the district of Maryland.
The facts of the case appear on the argument of the coun-
sel for the appeUee, and in the opinion of the Court.
Mi Taney, for the appellant, stibmitted the case without
argument; stating, that i ' had been brought up merely (n
account of its great importande -to the apiellee;which ren-
dered it desirable that the opinion -of the supreme court
should be hid on. the matters in controversy.
Mr Stewart, for the appellee.
The case presented by 'the bill, answers and depositions,
is as follows.
Bennett Darnall, of Ann Arundel county,-in the state of
.Maryland, by his will dated August 4th, 1810, devised to his
son, Nicholas Darriall, the defendant in this case,'certain.
lands lying in the 'county and state aforesaid.
The- mother of the said Nicholas was the slave of the tes-
tator,.afid Nicholas was -born a slave to his father..](ViewImageLocal?handle=hein.slavery/ussccases0139&div=1&collection=&method=preview&ext=.png&size=3)