Alexander B. Garland, executor of the late Nancy Garland, applies "to this Court to construe" his testator's will. He reports that Nancy "died in the year 1852 having first made her last will & testament whereby she directed that her slaves ... should be free at the age of 21 years." He adds that she further stipulated "that if by the laws of this State said slaves were in consequence of their freedom compelled to leave the State, they were to be allowed to select between servitude to your orator in the State, & freedom out of it." Garland states "that he is informed the oldest of said slaves, Robert, has attained the age of 21 years, & is now claiming his freedom." Advised that he is "legally unable" to decide Robert's status, the petitioner prays "that your Honor construe the will above mentioned, or so much thereof as relates to these negroes, & determine whether or not they are entitled to their freedom & if so provide some proper means of removing the boy Robert out of the commonwealth at once ... & should your Honor be of opinion that said slaves are not entitled to freedom, then that your Honor determine to whom they belong." In their answer, Robert and the three other slaves slated to be freed plead to the court to "give them their freedom & they will find means to leave the state within the time given them by law for doing so." The court ruled, however, that the slaves "are not entitled to their freedom" and that at age 21 "they belong to the distributees of said decedent."
Result: Ruled that will did not free slaves; at age 21 slaves were to be distributed to heirs.
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Repository: Library of Virginia, Richmond, Virginia
