United States Supreme Court Cases & Opinions

U.S. Supreme Court

Le Grand v. Darnall, 27 U.S. 2 Pet. 664 664 (1829)

Le Grand v. Darnall

27 U.S. (2 Pet.) 664

Syllabus

The Act of the Legislature of Maryland passed in 1796, ch. 47, sec. 13, declares

"That all persons capable in law to make a valid will and testament may grant freedom to and effect the manumission of any slave or slaves belonging to such person or persons by his, her, or their last will and testament, and such manumission of any slave or slaves may be made to take effect at the death of the testator or testators or at such other period as may be limited in such last will and testament, provided always that no manumission by last will and testament shall be effectual to give freedom to any slave or slaves if the same shall be to the prejudice of creditors, nor unless the said slave or slaves shall be under the age of forty-five years, and able to work and gain a sufficient maintenance and livelihood at the time the freedom given shall commence. The time of freedom of the appellee in this case commenced when he was about eleven years old. Held that his manumission by will was valid."

The Court of Appeals of Maryland has decided that a devise of property, real or personal, by a master to his slave entitles the slave to his freedom by necessary implication. This Court entertains the same opinion.

The facts of the case appear on the argument of the counsel for the appellee and in the opinion of the Court.

Page 27 U. S. 667