Joe Thompson v. Walter Clarke. Petitioners' Statement of Facts
It is admitted in this case that the Petrs Joe & Nelly were the property of John Thompson of St Mary's County in the State of Maryland & is the person named in the annexed will of said Thompson [illegible]
It is also admitted that the said John Thompson died some time in the year 180 making his will duly executed & recorded (a copy whereof is herewith exhibited) It is also admitted that the widow of said Testator had no child born after the Testator's death and that she, after his death, & within the time limitted by law made in due form a renunciation of her claims under the said will.
It is further admitted that the said Testator [illegible]
It is also admitted that the Child Sarah Anne has been born of the said Nelly since the death of the Testator & during the period of servitude of her mother. It is also further admitted that the Deft claims the Petitioners under the said Testator's widow, who took them claiming that, in consequence of her renunciation of the will, she was entitled to one third of all her husbands personal assets not excluding the said negroes. and that the said Petrs do not exceed what would be the widow's thirds of Testator's negroes, if these negroes are not to be excluded.
Upon this statement it is submitted to the Court to decide whether the claim of the negroes under the will can be overthrown by the widow's renouncing it & whether the said child born in the time of her mother's servitude is a slave for life, or bound to serve at all, or how long.
FSKey for Petrs
Jany 4, 1816
373. 330. 354 446
Joe Thompson Nelly & Sarah Ann
vs.
Walter Clarke
Case stats
what was the value of the negroes? & what the value [illegible] the residue of the personal estate after payt of Debts? Were these negroes in fact distributed to the widow by order of the orphan's court?
[illegible] no distribution has been [illegible] fact made will not the [illegible] Orphan's Court so distribute [illegible] to save the specific [illegible] of freedom to the slaves [illegible] there is sufficient [illegible] estate to give the widow [illegible]