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William H. Williams, Plaintiff in error, v. James Ash, Defendant in error U.S. 1 (1842)

handle is hein.slavery/ussccases0323 and id is 1 raw text is: THE DECISIONS OF THE SUPREME COWTP OF THE ITED STATES, AT JANUJARY TERM,. 1843. WILLIAM H. WILLIAMS, PLAINTIFF IN ERROR, V. JAMES ASH, DB- FENDANT IN ERROR. Mrs. T. 'Greenfield, of Prince George's county, Maryland, bequeathed to her nephew, Gerard T: Greenfidld, certain slaves, with a proviso in her will, that he shall not carry them out 6f the state of Maryland, or seg them to any one; in either.of which events, I will and desire the said. negrdes shall be free for life. After the decease of the testator, in 1839, G; T.-Greenfield sold one of the slaves, and a petition for freedom was thereupon filed in the Circuit Court of Washington county. The legatee continued to reside in. Prince George's county, for two years after the decease of the testatrix, during which time the appellee was sold by him, and he afterwards removed to the state of Tennessee, where he had resided, before-the death of the testatrx. The Circuit Court instructed the jury, that by the sale, the petitioner became free. Held, that the instructions of the Circuit Court were correct. A bequest of freedom to a slave, under the laws of Maryland, stands on the same priiidples with a bequest over to a third person. A bequest of freedom to a slave is a specific legacy. The bequest of the te. tatrix of the slave to her nephew, under the restrictions imposed by the will, was not-a restraint or alienation inconsistent with the right to the property bequeathed to the legatee. It was a conditional limita- tion of freedom, andtook effect the moment the negro was sold. IN error to the Circuit -Court of the United States for the county of Washington, District of Columbia. NOTs.-The report of this case was accidentally ohatted by the late reporter, and thiS report has been furnished by him. VOL. I.-I A 1

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