Rachel Graham v. Frances Swann. Plaintiff's Statement of Facts
Mem on the trial of this case, plff produced & gave in evidence the last will &c of the Revd Brown of St Mary's County in the State of Maryland, & the probat thereof in these words (here insert it)
also the last will of his daughter the said Eliz. Brown in his said will named, and the probat thereof, in the words following
towit (insert it)
and it is admitted that the woman called Milly in the last mentioned will, is the daughter of the woman called Molly in the former will; that the plff is the daughter of sd Milly & the same person mentioned by the named of Rachel in the sd will of Eliz. Brown; that deft claims & holds plff under the devise of Lee Massey Alexander, who during his life claimed & held the plff under the devise of his & the deft's mother, the said Frances Alexander; and that plff had attained the full age of 31 years: The plff then gave evidence to prove by the testimony of competent witnesses that the said Frances Alexander, in her life time & whilst in possession of said Milly & of plff with the other children of Milly, repeatedly admitted that they were to be free when they respectively attained the age of 31 years; and that the said Lee Massey Alexander, in his life time & whilst in possession of the plff, also admitted that she was to be free at the age of 31 years; and the plff also produced & gave in evidence the original inventory & appraisement of the personal estate of said Frances Alexander, subscribed with the proper hand of Richd B. Alexander to whom the administration of her personal estate, with her will annexed, had been duly granted & committed, and by him duly returned to the orphan's court of Alexandria, where the said will had been duly proved & recorded, & administration with the will annexed granted as aforesd, together with a note or supplement written at the foot of sd inventory & appraisement, subscribed with the proper hand of sd R. B. Alexander, & by him returned into the sd orphan's court together with sd inventory & appraisement; which sd inventory & appraisement, with sd note or supplement at the foot thereof, is in these words (insert)
and it is admitted that the servants Milly &c &c mentioned in said inventory & appraisement & in the said note or supplement at the foot thereof, [strikethrough] are the same mentioned by those names in thes aid will of Elizabeth Brown, and that the one mentioned in all those papers, by the name of Rachel, is the plff: the plff also produced & read in evidence a deposition given by the deft in the suit of Moses Graham v Richd B. Alexander, in these words (insert).
The deft, on her part, produced & gave in evidence the last will & & testament of the sd Frances Alexander, & the probat thereof, in these words (insert)
also the last will &c. of the said Lee Massey Alexander, with the probat thereof, in these words. (insert)
and deft claimed title to hold the plff as a slave by the force & effect of said wills, & the delivery of the plff to deft. by the sd R. B. Alexander as admr., with the sd will annexed of the sd Frances Alexander.
Plff's statement of Evidence, preparatory to bill of Exceptns
Filed 15 Apl. "45