Cesar v. Chew
Court of Appeals of Maryland
Appeal from Anne Arundel County court. This petition for freedom, was filed by the appellant, on the 19th of March 1833. It appeared in evidence, that the petitioner was the slave of Nathaniel Chew, the uncle of the appellee, and that, at the expiration of five years, from the death of the testator, and at the time of the trial, he was under the age of forty-five years, and capable of maintaining himself.
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Appeal from Anne Arundel County court. This petition for freedom, was filed by the appellant, on the 19th of March 1833. It appeared in evidence, that the petitioner was the slave of Nathaniel Chew, the uncle of the appellee, and that, at the expiration of five years, from the death of the testator, and at the time of the trial, he was under the age of forty-five years, and capable of maintaining himself. The will, under which he claimed his freedom, and which was proved on the 1st of January 1828, after the usual introductory clause, is as follows:— “ I give to my nephew Nathaniel Chew, my…
1Opinion of the Court
Chambers Judge,
delivered the opinion of the court.
The second exception was disposed of during the argument. There is no ground upon which to except this case from the general rule, which requires that the nature of the estate passed by the will, shall be determined from the face' of the will alone.
The first exception raises the question, whether the appellant, having served five years since the death of the testator, is now free according to the legal construction of the will.
We know nothing of the testator’s family or property, except what we learn from the will.
There are no facts in the…
2Cited by5 opinions
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