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Somerset County Judicial Records, 1733-1735
Volume 846, Page 48   View pdf image
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June Court                1733                  (48)

    Whenever any Person shall by bargain ^and^ sale or Gift Either with or without Deed or by his Last
    Will and Testament in Writing or by any Noncupative will bargain sell give dispose or
    bequeath any slave or Slaves such bargain Sale Gift or bequeath shall Transfer the absolute
    property of such slave or slaves to such person or persons to whom the same shall be so
    sold given or bequeathed in the Same Manner as if the such slave or Slaves were
    a Chattle and no Remainder of any slave or slaves shall or may be Limited by any Deed
    or the Last will and Testament in Writing of any person whatsoever Otherwise then
    the Remainder of a Chattle personal by the Rules of the Common Law Can or may
    be Limited Except in the Manner herein aforementioned and Directed   And that where
    any slave or slaves have been or shall be Conveyed Given or bequeathed or have or shall Discend
    to any feme Covert the absolute Right Property & Interest of such Slave or Slaves
    is hereby Vested and shall Accrew to and be Vested in the Husband of such feme Covert
    and there where any feme sole is or shall be possessed of any slave or slaves as of her own
    proper slave or slaves the same shall accrew to and be Absolutely Vested in the Husband
    of such feme when she shall marry and that any Infant above the Age of Eighteen
    years by his or her Last will and Testament in Writing may Dispose bequeath
    the Absolute Right Property and Interest of any slave or slaves whereof he or she shall be
    Possessed and that no slave or slaves whatsoever shall be forfieted Except in such Cases
    where the Lands and Tennements of the person Incurring the forfietures ^is^ should or might
    be forfieted and that no Executor or Adm.r hath or shall have any power to sell or Dispose
    of any slave or slaves or his Testator or Intestate and then only where there is not sufficient
    of the personal Estate of such Testator or Intestate to satisfye and pay such Debts and
    in that Case it shall and may be Lawfull for the Executor or Admr to sell and Dispose of
    such slave or slaves as shall be sufficient to raise so much mony as the personal
    Estate falls short of the payment of the Debts and that when a Mother shall Die Intestate
    Leaving one or more slave or slaves other then the Slave or slaves which she holds as
    of her Dower the Heir at Law shall be accountable to the Youngest Children for their
    proportions of the Value of such slave or slaves in the same Manner as he should or
    might be accountable in Case of a fathers Dying and Leaving such slaves
   
    Provided allways that nothing in this Act Contained shall be Construed to Change
    or Alter the property of any slave or slaves which by the Judgm.t of the General Court or any
    County Court have been heretofore Adjudged to belong to any person or persons whatsoever
    but such Judgm.t shall Remain and for Ever hereafter shall be Deemed and taken to be
    Valid and binding

    Provided also that where any Person hath heretofore by Deed Executed in his Lifetime
    or by his last will and Testament in Writing Disposed of any slave or slaves for the Life
    or Lives or any person or persons whatsoever and hath thereupon Limited any
    Remainder such Remainder shall be good and Effectual in Law to Transfer
                                                                                                                (the)


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Somerset County Judicial Records, 1733-1735
Volume 846, Page 48   View pdf image
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