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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 302   View pdf image (33K)
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302 HIGH COURT OF CHANCERY.

amongst the parties mentioned in the will in certain propor-
tions; and it is not now proposed to be decided, whether under
such circumstances the party manumitted has a right to look to
the avails of the real estate to give validity to the manumission.
If it shall turnout that the personal estate itself, without the
negroes manumitted, is sufficient to satisfy creditors, there can
be no necessity for deciding the other question.

In this case, the creditors, if any remain unpaid, are not be-
fore the court, and no judgment that can be pronounced here
can effect their rights. They cannot be precluded from show-
ing hereafter, if such is the fact, that the estate of the testator
was, without the negroes, inadequate for the payment of debts,
and upon establishing such inadequacy, the proper relief would
be accorded to them. But with regard to the manumittor him-
self and his legal representatives, the manumission, though in
prejudice of creditors, is valid, and the negroes manumitted are
not assets for the payment of debts.

These principles are also decided in Allein vs. Sharp, and
would entitle the negroes, in this case, to their freedom, as
against the executor of the testator. Before, however, a final
disposition is made of this question, the case will be sent to
the Auditor, that the necessary accounts may be taken to as-
certain if the debts are paid, or if there are assets to pay them.

[Exceptions were taken to the report of the Auditor, and an
agreement was signed by counsel, that the case should go back
to the Auditor, for the purpose of making such corrections of
his accounts as may be required by the admission of parties,
and by certain accounts and proofs, filed in the cause since the
date of the report, and such additional proofs as may be laid
before him.

John Wood, the executor, appears to have passed four ac-
counts in the Orphans Court, and upon his death, Robert Plum-
mer, his administrator, passed a fifth and final account of the
estate of the testator, Harrison.

Upon the death of Wood, Plummer, his administrator, and
Matilda B. Harrison, the widow of the testator, took out letters



 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 302   View pdf image (33K)
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