Pearce v. Van Lear
Court of Appeals of Maryland
Appeal from the Circuit Court for Washington county. This was a petition for freedom, filed by the appellants in November 1851. The following clause in the will of Mrs. Mary Van Lear, who died in 1828, is the origin of the petitioners’ claim: “It is my will, and I do hereby direct my executors to manumit, by deed, all the slaves which may be mine at the time of my death, whose age and health may be such as that their manumission may not be prohibited by law, leaving it to…
Read the full summary
Appeal from the Circuit Court for Washington county. This was a petition for freedom, filed by the appellants in November 1851. The following clause in the will of Mrs. Mary Van Lear, who died in 1828, is the origin of the petitioners’ claim: “It is my will, and I do hereby direct my executors to manumit, by deed, all the slaves which may be mine at the time of my death, whose age and health may be such as that their manumission may not be prohibited by law, leaving it to the discretion of my said executors to carry this clause into effect when they shall judge expedient and proper.” The…
1Opinion of the CourtTuck, J.
The mother of these petitioners, with other negroes of Mrs. Van Lear, filed their bill in equity claiming freedom under her will, and prayed that deeds of manumission might be executed by the appellee, as her executor. The Court of Appeals decided that they were entitled to relief, and remanded the cause, in order that deeds of manumission might be executed according to the will. See 4 Gill, 249. A decree was subsequently passed by Washington county court, as a court of equity, directing deeds to be executed to all the complainants, from which the present defendant in error appealed; and at…
2Cases cited3 opinions
- Jackson ex dem. Henderson v. DavenportCourt for the Trial of Impeachments and Correction of Errors · 1822
- Hunter v. HattonCourt of Appeals of Maryland · 1846
- Peters v. Van LearCourt of Appeals of Maryland · 1846
3Cited by3 opinions
- Crawford v. CrawfordCourt of Appeals of Maryland · 1972
- Rozier v. HollidayCourt of Appeals of Maryland · 1855
- Stengel v. Royal Realty Corp.Court of Appeals of Maryland · 1941