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George W. Hammond, Administrator de Bonis Non of Thomas Hammond, deceased, and others, Appelants, v. Lorenzo Lewis, Executor of Lawrence Lewis, deceased, who was the Acting Executor of Gen. George Washington, Appellee U.S. 14 (1843)

handle is hein.slavery/ussccases0327 and id is 1 raw text is: 14 SUPREME COURT. Williams v. Ash. removed out of the estate by the first taker, it is evident upon common law principles, that the limitation over would have been good. 2 East, 481. Now a 'bequest of freedom to the slave stands upon the same principles with a bequest over to a third person. It is 'said by the chancellor of Maryland, 2 Bland's Chancery Rep. 314, that the bequest of freedom to a slave is a specific legacy, and undbubtedly this is its true legal character. And if a bequest over'to a third person would not be regarded as an unlawful restraint upon alienation, there can be no reason for applying a different rule where the bequest over is freedom to the slave. In the one case, the restriction on alienation ceases as soon as the devise over takes effect; and in the other, the right of property ceases upon the happening of the contingency, and there is nothing to alien. , We think that the bequest in the 'vill was a.conditional limita- tion of freedom to the petitioner, and that it took effect the mo- ment he was sold. The judgment of the Circuit Court must therefore be affirmed. *GEORGE W. HAMMOND, DDMINISTRATOR DE DONJS NON OF THoAs HAMMOND, DECEASED, AND OTHERS, APPELLANTS, v. LORENZO LEWIS, EXE 'UTOR OF LAWRENCE LEWIS, DECEASED, WHO WAS THE ACTING EXECUTOR OF GEN. GEORGE WASHINGTO7, APPELLEE. In the distribution of the estate of a deceased person, an assignment, to one of the ,distributees, of a mortgage which is for a: greater sum than his distri- butive share, does not make him responsible to the executors for the differ- ence between his share and the nominal amount of the mortgage, in case the mortgaged premises sell for less than the amount of his share, where the distributee has, with proper diligence, and in good faith, subjected the mort- gaged property to sale, and has not bound himself absolutely for the nominal sum..secured by the mortgage. In7 the progress of the cause. G. W. Hammond also died, and his administra- trix became a party; but the suit having been an amicable one, this did not- delay 'the proceedings. It is mentioned only because sometimeb the one and sometimes the other is spoken of 'as the person interested.-

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