Joe Thompson v. Walter Clarke. Defendant's Statement of Facts
It is admitted in this case that John Thompson of St. Mary's County owned these negroes as slaves for life. That the said John Thompson died possessed of them in the year 1804 and that he made his last Will & testament disposing of these among others as appears by a copy thereof herewith exhibited & filed in this cause. It is also admitted that Elizabeth Thompson the wife of the testator John Thompson had no child within nine months after his death nor at any time before. That the said Elizabeth refused to abide by the Will of the said testator and that she renounced her claim under the Will as appeared a by an Exht in the case. That the said renunciation was made according to law & within the time required. That in the course of distribution of the testators [illegible] was mad in the year 1810 the death of the said Elizabeth Thompson and that in the
The said petitioners Joseph & Nelly who upon the death of the said Elizabeth were returned by the administrators of said Elizabeth Thompson, in the inventory & appraisement of the estate, as slaves for life, and so distrubuted among her representatives: it is agreed that the inventory & appraisement of the estate of the said John Thompson, with the accounts settled by [illegible] with the orphan's court, all herewith exhibited, contain a true & full statement of the personal estate left by the testator, and of his debts, legacies, funeral[?] [illegible] & other [illegible] &c.
(a)
Upon these facts it is admitted to the Court for their Judgment, whether or not the widow in her legal renunciation had the power to insist on taking these negroes Joseph & Nelly as slaves for life or whether or not the surviving executor could assign these negroes to the said representatives of Elizabeth Thompson as slaves for life. And whether or not Sarah Anne who was born the time Nelly had to serve by the Will is a slave for life.
(a) and it is agreed that if the said Elizth Thompson was entitled, under the circumstances aforesaid to claim a distributive share in the slaves left by the said testator, notwithstanding the said devices of freedom to such slaves as expressed in said Will, and to hold such distributive share as slaves for life, that the slaves so received by her of the executor of the said testator, did not exceed her just slave & proportion of such slaves.
[illegible] received from the Exr Jno Thompson in satisfaction of her 1⁄3 of the testators personal estate; the said petitioners Joseph & Nelly who upon the death of said Elizabeth were returned by the administrators of said Elizabeth Thompson, in the inventory & appraisement of her estate, as slaves for life.
Statement of case in
Thompsons
vs.
Clarke
Jany 1818