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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 538   View pdf image (33K)
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538 HIGH COURT OF CHANCERY.
1827; James, aged twenty-three, to be free on the 1st of Jan-
uary, 1827; Little James, aged twenty, to be free on the 1st
of January, 1828; William, aged one year, to be free on the
1st of March, 1840; woman Nancy, aged nineteen, to be free
on the 1st of January, 1827, and all the increase of the said
Nancy born during the time of her servitude to serve, if males,
twenty-one years, and if females, eighteen years. Woman
Minta, aged seventeen, to be free on the 1st of January, 1824,
and all the increase of the said Minta born during the time of
her servitude, to serve, if males, to the age of twenty-one
years, and if females, eighteen years, and the increase of the
above women, born after their term of servitude is expired, to
be free to their latest generations."
Hutton died in 1832, and on the 25th of October, 1833, ne-
gro Jim Sharp, one of the negroes manumitted by the above
instrument, filed his petition for freedom in Anne Arundel
County Court, against Thomas Allein, the administrator of
Hutton, who had taken possession of him, and returned him
in the inventory as a part of Button's estate. The right of
the petitioner to his freedom was resisted by the administrator,
on the ground that Hutton, at and before the period of the ex-
ecution of the said deed of manumission, was in insolvent cir-
cumstances, being indebted to an amount exceeding the value
of all his property of every description, including the negroes
manumitted by said deed, and that the same was fraudulent as
to the creditors of said Hutton.
This case was brought before the Court of Appeals upon ap-
peal by the administrator, and that court, at its June term,
1835, decided that in the suit for the petition for freedom, "the
question whether the estate of the deceased was sufficient to
pay his debts, could not be legally decided, so as to deprive the
petitioner of his right to freedom, and that the proper remedy
in such a case is by a bill in equity where the manumitted
slaves and all proper parties can be brought before the court,
and where an account may be taken of all the property of the
deceased, both real and personal, and if that should be found
inadequate to the payment of his debts, the manumitted slaves

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 538   View pdf image (33K)
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