Chase v. Plummer
Court of Appeals of Maryland
Appeal from the Equity Side of the Circuit Court for Prince George’s county. The bill in this case was filed on the 9th of June 18-54, by the appellants, sundry negroes, claiming to be free, against the appellee, averring that Jacob W. Brashears died in 1816, leaving a last will and testament, executed on the 2nd of October 1811, by which he appointed one William Wells his executor, and disposed of his property as follows: “l give and devise unto my beloved sister, Mimy…
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Appeal from the Equity Side of the Circuit Court for Prince George’s county. The bill in this case was filed on the 9th of June 18-54, by the appellants, sundry negroes, claiming to be free, against the appellee, averring that Jacob W. Brashears died in 1816, leaving a last will and testament, executed on the 2nd of October 1811, by which he appointed one William Wells his executor, and disposed of his property as follows: “l give and devise unto my beloved sister, Mimy Brashears, and the heirs of her body, lawfully begotten, all my estate, both real and personal, of every kind and…
1Opinion of the CourtTuck, J.
We agree with the judge below, that Mrs. Wells took an absolute estate in the negroes bequeathed by the will of her brother, Jacob W. Brashears, unless the language in reference to their manumission can be construed as limiting that interest. The cases cited in his opinion establish this beyond any doubt.
Whether the will created a trust by implication in favor of the negroes, which may be executed by compelling the appellee, or any person who might happen to have them in possession, to make deeds of manumission to them, is the main question in the cause, and although there are others which,…
2Cases cited2 opinions
- Peters v. Van LearCourt of Appeals of Maryland · 1846
- Tolson v. TolsonCourt of Appeals of Maryland · 1838
3Cited by9 opinions
- Williams v. WorthingtonCourt of Appeals of Maryland · 1878
- Pratt v. Trustees of the Sheppard & Enoch Pratt HospitalCourt of Appeals of Maryland · 1898
- Waesche v. RizzutoCourt of Appeals of Maryland · 1961
- Nunn v. O'BrienCourt of Appeals of Maryland · 1896
- Packard v. KingmanMichigan Supreme Court · 1896
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