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In the case of David Keene's negroes now confined in Washington & suing for their freedom I am requested to furnish a note on behalf of David Keene which may be used if necessary by counsel there who may each be so familiar with the Virginian Law.
Negroes are emancipated in Virginia under the Laws which will be found
It proscribes that any person by last will & testament or any other instrument in writing under hand & seal attested by two witnesses & proved in the County or Corporation Court as acknowledged by the party in the Court of the County where he resides may emancipate his slaves.
In order to do so it
No other mode than that prescribed will be effectual.
That a deed executed in Ohio but having reference to Virginia rule be void unless it conferred to the laws of
That an instrument of Emancipation is ineffectual
It seems they cannot be emancipated by a
In this case the will is acknowledged before one witness only & is therefore under the Laws of Virginia no will. See
B W Harrison
A County Court refuses to receive an instrument of emancipation to probate, can be compelled only by
There is no right of emancipation in Va. except as expressly given by the Statutes, which must be strictly
Slaves personal estate —
It shall be lawful.
Will wholly written by testator, proved by two witnesses & recorded is duly executed to Emancipate Slaves.
A will not admitted to probate is not admissible evidence in favor of Petitioners for freedom.
Trunnel v. Robertson
Mr. B. W. Harrison's notes of cases &c.
Elijah Peacock
Where the devises of realty and personalty are so blended together, and so dependent on each other, that the effectuation as to the personalty, and the failure of the will as to the realty must altogether defeat the objects of the Testr. the will ad of one sort or other of
refers to
All wills of personalty (except
Will
8 - 20 Williamson vs Beckwick