O Say Can You See

Negro Adam
against
Andrew F. Leverton

Be it remembered that Negro Adam to the Court here prefers the following Petition Towit, To the Honorable the Judges of the General Court of the state of Maryland for the Eastern Shore of said state now sitting. The Petition of negro Adam most humbly sheweth that he is illegally detained in slavery by a certain Andrew Foster Leverton of Queen Anns County planter. He therefore prays your Honors to direct a subpoena out of your said to command said Andrew Foster Leverton to appear immediately and answer to the above complaint and that your Honors will take the premises into your human consideration and give your petitioner an early hearing in the premises and do therein what may be consistent with law and Justice and as is duty bound &c

Robert Wright pro plff.
Adam

which petition being read and granted. It is by the said Court ordered that a summons issue against the said Andrew Foster Leverton for his immediate appearance to answer the Complaint of the aforesaid Petitioner which said summons being issued and return being made of the same by Jonathan Seney Sheriff of Queen Ann's County for the time being that he had summoned the aforesaid Andrew Foster Leverton to appear and answer according to the exigence of the same summons and thereupon at the same Court came the aforesaid Andrew Foster Leverton by James Tilghman his attorney agreeable to the said summons Thereupon day was given as well to the said Negro Adam as the said Andrew Foster Leverton by their attorneys aforesaid to him[?] allegations and Evidence as well on the part and behalf of the said Negro Adam as the said Andrew Foster Leverton of and upon the premises aforesaid untill the second Tuesday of September next following; At which day towit the second Tuesday of September Anno Domini one thousand seven hundred and eighty nine comes again as well the said negro Adam by his attorney aforesaid as the said Andrew Foster Leverton by his attorney aforesaid. Whereupon all said singular the premises aforesaid & the Allegations and Evidences as well on the part and behalf of the said Negro Adam as the said Andrew Foster Leverton being by the Court have seen heard and fully understood and mature deliberation thereupon had It is considered by the Court here that the Petition be dissmissed and that the said negro Adam return to the service of Andrew Foster Leverton his master again.

James Earle

And the said negro Adam by his attorney aforesaid prays that he may appeal   from the Judgment aforesaid of the Court here to the States High Court of Appeals and to him the same is granted by the Judges here: and it is ordered by the Judges aforesaid that the Record and proceedings aforesaid together with all things relating to the same be transmitted to the high court of appeals aforesaid that the Judges of the said court may further proceed therein as to Justice appertains and soforth. And be it remembered that the following State of the case was filed of Record at the Trial of the above cause.

Negro Adam
against
Andrew Foster Leverton

Petition for Freedom

This cause is submitted to the Court on the following State of facts. John Costin the late proprietor of negro Adam in March seventeen hundred and eighty four, made his will a copy whereof is hereto annexed as part of the case and shortly after died That Elizabeth Costin his widow and executive proved the said will and took upon herself the Burthen of the Execution thereof by taking Letters Testamentary and proceeding to the settlement of the Estate That the said Elizabeth Costin shortly after moved to Wilmington in the Delaware State towit in seventeen hundred and eighty five, and carried with her negro Adam the Petitioner, that the said Elizabeth Costin shortly after her removal to Wilmington intermarried with a Certain Joseph Tomlinson of Wilmington in said state where she has continued to reside ever since her first removal, that she before her marriage aforesaid and she & said Tomlinson after the intermarriage aforesaid kept the said negro Adam in the state of Delaware for the space of one year and nine months in the whole after which the said Tomlinson and wife brought the said negro Adam to Maryland to reside and remain in said state and hired the said negro Adam with the farm devised in the said will of the said Tomlinson and wife to said Andrew Foster Leverton for and during the year seventeen hundred and eighty eight, and also during the year seventeen hundred and eighty nine, where he still is. That the Estate of the said John Costin is not yet settled that taxes have been paid in this State regularly for said Adam during his twenty one months Residence in Delaware and still are, that the personal Estate of said John Costin is not sufficient to pay all his debts but his real and personal Estate fully sufficient

Robert Wright pro petr
Ja Tilghman for Joseph Tomlinson & wife
Extr of John Costin who claims as Exr and for A H Leverton

and the following will of John Costin referred to in the aforegoing case as being annexed thereto being also filed of Record in this Cause. In the name of God amen I John Costin of Queen Anns County in the State of Maryland, being greatly afflicted and weak in body but of sound and disposing mind memory and understanding and knowing the uncertaintty of human life and the certainty of death, do therefore for the purpose of settling my temporal affairs and of being better prepared for the time when it shall please God to call me, make this writing as and for my last will and Testament hereby revoking all former and other will by me made Imprimis. I hereby resign my soul into the hands of Almighty God in hope of a Joyful Resurrection at the last day thro the merits and meditation of my blessed Savior and Redeemer Jesus Christ our lord and my body to be decently buried at the Discretion of my Executive hereafter named and as to such worldy Estate wherewith it hath pleased God to bless me I give and dispose thereof in manner following. I do will and devise that the whole Rents and profits of my real and personal Estate shall be applied by my Executrix hereafter named to the payment & and Discharge of my lawful debts and to the support and maintainance of herself and my four children until my said debts are discharged not to exceed seven years from the day of my decease. Item after my lawful debts are paid and discharged, in manner aforesaid. I give and devise unto my dear wife Elizabeth Costin all my part of a tract of Land called Kendal containing one hundred acres with my Dwelling plantation and all the Improvements thereon for and during the Term of her natural Item I give and bequeath unto my two Daughters Susan and Hannah all that part of a tract of Land called Timber neck or Timberland which I purchased of Rachel Chitham and all that part of a Tract of Land called Coursey's Addition whereof I stand sured and possessed (and also the Residual and remainder of the parcel of Land called Kindal and my Dwelling plantation and of my Estate therein whensoever happening by and after the death of my wife) to be equally divided between my said two Daughters and the Issue of their Respective Bodies lawfully begotten forever but if either of my said Daughters should die without Issue as aforesaid then I will and devise the lands before devised to my Daughter who should so die without Issue as aforesaid and also the Residue and Remainder aforesaid whensoever happening unto my Daughter Ann and the Issue of her Body lawfully begotten forever and for want of such Issue to my Daughter Sarah and the heirs of her Body Lawfully begotten forever. and if both my said Daughters Susanna and Hannah should die without Issue as aforesaid then I will and devise all my Lands Tenements and the residue and remainder aforesaid whensoever happening to my Daughters Sarah and   Ann and the issue of their Bodies lawfully begotten respectively to be equally divided between them and to the survivor of them and the issue of such survivor lawfully begotten of her body forever. And pursuant[?] of such Issue to my nephew Henry Costin the son of Richard Costin and his heirs forever. Item. I give and devise my whole personal Estate of what nature soever after my just debts are discharged in manner aforesaid to be equally divided between my aforesaid wife and two Daughters Sarah and Ann and their assigns forever. but if either of my Daughters shall die before the age of sixteen or day of marriage then, that the survivor shall have the sisters part thereof to her and her assigns forever Item. in order to raise the Portions of my two Daughters Sarah and Ann nearer to an Equality with their sisters Landed Estate It is my will and desire that the Rents and profits of my real Estate (except the part thereof devised to my wife) or in Case of her death the Rents and profits of my whole real Estate after the discharge of my Debts in manner aforesaid and the support and maintainance of my Daughters Susan and Hannah during the time of three years shall be for the said term of three years added to my personal Estate devised to my Daughters Sarah and Ann, and paid to my said Daughters Sarah & Ann by my Executrix at their age of sixteen or day of Marriage, but if either of them die before sixteen or day of Marriage then the whole to be paid to the survivor of them at her age of sixteen or day of Marriage. Item I do hereby constitute and appoint my said wife Guardian of my said Daughters and every of them and to have the care of their respective Estates until they respectively arrive to the age of sixteen or day of Marriage And Lastly I do constitute and appoint my said wife Executrix of this my last will and Testament. In Witness whereof I have hereto set my hand and seal this twenty sixth day of March seventeen hundred and eighty four, Signed Sealed and Delivered by the Testator and published and pronounced as and for his last Will and Testament in presence of us who have signed our names as Witnesses in his presence and at his request.

John Costin

Ann Emory Nancy Costin
Hugh Sherwood So Wright.

Queen Ann's County Sct
the 19th day of June 1784

Then came Elizabeth Costin and made oath on the holy Evangels of Almighty God, that the within Instrument of Writing is the true and whole will and Testament of John Costin late of Queen Ann's County deceased, that hath come to her hands or possession and that she doth not know of any other. Certified ss[?] Sol Clayton Regr of Wills

Queen Ann's County Sst
the 19th day of June 1784

Then came Ann Emory one of the subscribing Witnesses to the within last will and Testament of John Costin, late of Queen Ann's County deceased, and made oath on the holy Evangels of Almighty God, that she did see the Testator therein named sign and seal this will and that she heard him publish pronounce and declare the same to be his last will and Testament that at the time of the so doing he was to the best of her apprehensions of sound and disposing mind memory and understanding and that she subscribed her respective name as a Witness to the same will and saw Nancy Costin and Hugh Sherwood subscribe their respective names as Witness to this will in the presence and at the request of the Testator and in the presence of each other.

Certified ss[?] Sol Clayton Regr of Wills for Queen Ann's County.

Queen Anns County Sst

(Seal of Orphans Ct. for Q. A. Coty.)

In Testimony that the aforegoing is a true copy of the last will and Testament of John Costin late of said County, (and the Endorsements thereon) deceased I have hereunto set my hand and affixed the public seal of the Orphans Court for the Court aforesaid this 12th day of June Anno Domini 1786.

Sol Clayton Regr of Wills for Queen Ann's County.

Therefore it is ordered by the Court here that the record of the proceedings be transmitted to the State of Maryland's high Court of appeals and they are hereby transmitted accordingly.

James Earle Cl.