Executors of Rogers v. Berry
New York Supreme Court
THIS was an action of trover for a negro girl. The cause e was tried, at the Washington circuit, in June, 1812, before Mr. Justice Yates. At the trial, the' plaintiff offered a negro d Adam, as a witness. The defendant objected to his competency, and proved that he was the slave of the testator , , at the time of his death.
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THIS was an action of trover for a negro girl. The cause e was tried, at the Washington circuit, in June, 1812, before Mr. Justice Yates. At the trial, the' plaintiff offered a negro d Adam, as a witness. The defendant objected to his competency, and proved that he was the slave of the testator , , at the time of his death. The plaintiffs then proved that by his last will and testament, the testator bequeathed the slave, with, ° property, to his son Walter, and to his assigns, to serve him or them until the 17th of April, 1817, on which day and year the testator gave the slave his freedom,…
1Per curiam
The manumission by the infant was voidable when he should come of age. The sale, gift and actual delivery of a chattel, by an infant, is voidable. (Perkins, s. 12.) But, in the mean time, the sale, gift, or transfer, is valid, and the interest which passes, or is released thereby, vests. The manumission being valid, though defeasible afterwards, the witness was not, at the time, a slave, and the objection to his competency was not well taken. He must be a slave at the time, to come within the disqualification prescribed by the statute. The power which the infant had of revoking the gift on…
2Cited by2 opinions
- Roof v. StaffordNew York Supreme Court · 1827
- Reynolds v. ClevelandNew York Supreme Court · 1825