O Say Can You See

Negro Tom
against
William M. Robertson Exor of William L. Murray

And now here at this day towit, the second Tuesday of April, Anno Domini, one thousand seven hundred & ninety three, come into our General Court here, as well the said Negro Tom by Gustavus Scott his Attorney, as the said William M. Robertson by Josiah Bayly his Attorney: and the said parties by their said Attorneys submitted this Cause to the opinion of the Judges of our said Court on the following Case stated. The Counsel for the Plaintiff, and the Counsel for the Defendant in this Cause, admit the facts herein after mentioned, & agree to submit the said Cause to the opinion of the Court upon the Statement of the following Case, towit: That the said Tom, on the first day of January, in the year seventeen hundred and ninety two, at the County of Dorchester was the proper slave of the said Wm L. Murry and was then and there in the possession of the said Murray: That the said Murray had then & there a right to dispose of the said Tom as his property in such manner as he the said Murray thought proper: That the said Murray in his lifetime, on the day and year afd, at the County afd, by a fair and Bona fide contract in writing made between the said Murray & a certain Woolford Stewart at the County afd, for & in consideration of the sum of One hundred and twelve pounds, Current money of Maryland to be paid to the said Murray on the thirty first day of December in the year afd, did here and deliver the possession of the said Tom to the said Woolford Stewart for & during the [incomplete image]   fully to be complete and ended, and not by the day, Week or Month, and the said Tom continued in the service of the said W. S for one year: That the said Murray afterward, towit, on the ninth day of January, in the year seventeen hundred and ninety two, made his last Will and Testament in writing as follows: towit: In the name of God Amen, I William Littleton Murray of Dorchester County & State of Maryland being of sound disposing mind and memory & understanding do make this my last Will and Testament in manner and form following, towit: I give and bequeath unto my worthy Friend Doctor Daniel Sulivane Junior, son of James Sulivane, my two Saddle Horses each known by the name of Lofty, and also the sum of Two hundred pounds Current money of Maryland. Item. I give and devise unto the said Daniel Sulivane Junior his Heirs & Assigns forever, all the Lot, Ground and Houses whereon Mr. Caile now lives & also the Lot, Ground and Houses whereon Mr. Brown now lives adjoining Mr. Cailes beginning at the North eastward corner of Mr. Cailes front yard, & thence running with the Street towards the River to the North eastward corner of the house in which Mr. Brown lives, then with a line parallel to the Lot on which Mr. Caile dwells 'till it intersects a line drawn parallel with the Street from the North Westward Corner of Mr. Caile's Garden, thence with the said line to the said North Westward Corner, and thence to the place of beginning, to him the said Daniel Sulivane his Heirs and Assigns forever. Item. I give and devise unto the said Daniel Sulivane Junior his Heirs and Assigns forever all that Lot, Ground and Houses whereon Edward Cole now lives which I purchased of William Tucker. Item. I give and devise unto my Cousin John Murray his Heirs and Assigns forever all that Lot, Ground & Houses whereon John Kenny & Henry Dickinson now live, beginning at the first Corner of the House in which the said Kenny, & thence running with a straight line until it intersects the Land of the late Mr. Pattison thence with the said Land 'till it intersects the Land of William V. Murray, thence with the Land of the said Wm V. Murray until it intersects the main Street & thence to the place of beginning, to him the said John Murray his Heirs & Assigns. Item. I give and bequeath unto the said John Murray the sum of Three hundred pounds Current money of Maryland. Item. I give & bequeath   unto Samuel Brown the sum of One hundred & fifty pounds Current money of Maryland. Item. I give and devise unto my Aunt Margaret Trippe during her natural life my Yellow dwelling House, & the Lot whereon it stands in Cambridge; and also all my Lots, Lands & Grounds in Cambridge not before devised to her the said Margaret during her natural life & after her decease to my Cousin William Robertson his Heirs and Assigns forever. Item. I give and devise unto my Aunt Margaret Trippe one half of my Woodland in the Swamp near Cambridge adjoining the Land of Gustavus Scott & Wm V. Murray, also my Plantation at the head of Fishing Creek, and also my other Plantation at the mouth of Hunting Creek whereon Sped Bromwell now lives, to her the said Margaret during her natural life, & after her decease, then to my Cousin William M. Robertson his heirs & Assigns forever. Item. I give and devise unto my Cousin William Robertson his heirs and assigns forever all the rest & residue of my Lands & Tenements of Dorchester County, not herein before devised to him the said William Robertson his Heirs & Assigns forever. Item. I give and devise unto the said William Robertson his Heirs and Assigns forever my Mill in Caroline County, & all the Appurtenance thereunto belonging & also my two fields in Caroline County which lie on the Main road between the afd Mill & the Church, & also the Tract of Land wherein those two fields afd are contained, to him the said William Robertson his Heirs and Assigns forever. Item. I give and devise unto my Aunt Sarah Resin all my Lands in Caroline County not before devised, to her the said Sarah during her natural life, & after her decease, then to the heirs of Sarah Stewart deceased, Wife of Doctor Alexander Stewart in fee simple. Item. I give & bequeath unto my Cousin Rebecca Resin the sum of four hundred pounds Current money of Maryland. Item. I give and bequeath unto my Cousin William Robertson all my Household furniture, and also all   my Crops on hand; and also all the rents of my plantations that may become due on the first day of January next ensuing my decease, and in case my personal Estate should not be sufficient to pay my Debts and the Legacies before mentioned, then my Will is, that the said William Robertson shall sell some of the Lands afd devised to him which ever may be most convenient for him for the payment of Debts and the legacies afd, & that the Lands afd devised to him be liable & chargeable for the payment thereof & in case there should be more than a sufficiency of personal Estate to pay off the Debts & legacies afd, then I give and bequeath the Surplusage and residue of my personal Estate, except my Household furniture afd, unto my Cousin John Murray, William Robertson & Rebecca Resin to be equally divided between them; & my Will & desire are that the several devisees before mentioned shall not enter nor take possession of my Lands devised to them until the first day of January next ensuing my decease. Item. It is my Will & desire that all my Negro Slaves be free immediately upon my decease: I do therefore hereby liberate, manumit & set free all my Negro Slaves, by whatever Name or Names called, either in my possession or to which I have any right or title according to the Act of Assembly in such case lately made and provided. Item. I give and devise unto my Aunt Margaret Trippe her heirs and Assigns forever my Lot, Ground & Houses on Howard's hill in Baltimore, & also my Lot, Ground and Houses on Fell's point in Baltimore & also all the rest & residue of my Lands & Tenements not herein before devised, to her the said Margaret Trippe her heirs & Assigns forever. And lastly, I do hereby nominate, appoint and constitute my Cousin William Robertson to be my whole & sole Executor of this my last Will and Testament: In Testimony whereof I have hereunto set my hand & affixed my Seal this ninth day of January in the year of our Lord, seventeen hundred ninety two. Signed, Sealed, Published & Declared by Wm L. Murray, the Testator, as for his last Will & Testament in the presence of us, who at his request & in his presence have subscribed our names as Witnesses thereto.

Josiah Bayly. P. Kelly.
Soln Birckhead

Wm L. Murray (Seal)

Dorchester County Sct. On the 5th day of March, Anno Domini 1792 William Robertson the within appointed Executor made Oath on the holy Evangels of Almighty God that the within Testament of Writing is the true and whole Will and Testament of William L. Murray late of Dorchester County, deceased that hath come to his hands or possession, and that he doth not know of any other. Certified ss[?]. Jno Goldsborough Regr W. D. C. Dorchester County Sct. On the 5th day of March, Anno Domini 1792. Josiah Baily and Solomon Birckhead two of the Subscribing Witnesses to the within last Will and Testament of William L Murray late of Dorchester County deceased, severally made Oath on the holy Evangels of Almighty God that they did see the Testater therein named Sign & Seal this Will, and that they heard him publish, pronounce and declare the same to be his last Will and Testament, that at the time of his so doing he was to the best of their Apprehension of sound and disposing Mind, Memory and Understanding; and that they, together with Patrick Kelly the other Witness respectively subscribed their names as Witnesses to this Will in the presence and at the request of the Testator and in the presence of each other.

Certified ss[?]
Jno Goldsborough Regr W. D. C.

Dorchester County Sct. On the 27th day of March Anno Domini, 1792 Patrick Kelly one of the Subscribing Witnesses to the within last Will and Testament of William L. Murray late of Dorchester County, deceased, made Oath on the Holy Evangels of Almighty God that he did see the Testator therein named Sign and Seal this Will, and that he heard him publish, pronounce and declare the same to be his last Will and Testament, that at the time of his so doing he was to the best of his Apprehension of sound and disposing Mind, Memory and Understanding, and that he, together with Josiah Bailey and Solomon Birckhead, the other Witnesses respectively subscribed their Names as Witnesses to this Will in the presence   and at the request of the Testator and in the presence of each other.

Certified ss[?] Jno Goldsborough Regr W. D. C.

(Seal.)

In Testimony that the aforegoing is a true Copy, I hereto set my hand and affix the Seal of my Office this 16th day of August, Anno Domini 1792. Jno Goldsborough Regr W. D. C.

That the said Murray died on the tenth day of February in the year afd: That the said Murray by a clause in the said Will in general Words liberated all his Negro Slaves immediately upon his decease; and that the said William M. Robertson as Exor of the said William Murray has received the said sum of money, and that the said Plaintiff claims all the Wages to be apportioned since the death of the said Testator. If upon the said Statement of facts above mentioned the Court should be of opinion that the Plaintiff in this Cause is entitled to the said sum of money or any part thereof, then the Counsel for the Defendant & the Counsel for the Plff agree that Judgment shall be rendered for the said Plaintiff against the said Defendant, to be released nevertheless upon the payment of one pound of Tobacco: But if on the Contrary the Court should be of opinion that the said Defendant as Executor of the last Will of the said William L. Murray is entitled to the said sum of Money, then the Counsel for the Defendant agrees that Judgment of Non pross shall be immediately rendered against the said Plaintiff. Costs to be released. Gusts Scott for Plff. Josiah Bayly for the Deft.

Whereupon all and singular the premises being seen & by the Court here fully understood and mature deliberation thereon had: It is considered and Adjudged by our said Court that the said Negro Tom do recover against the said William M. Robertson Executor as afd the said sum of One hundred and twelve pounds Current money, and also the quantity of Seven hundred and thirty four pounds of Tobacco for his Costs & charges by him about his Suit in this behalf expended. And the said William M. Robertson Executor as afd in mercy &c.

James Earle Junr Clk

Judgment was rendered in this Action on the 13th of April 1793 for [no further images]