James Moore Wayne

“ The court also say, 'as far as relates to the personalty, the executor or administrator is competent to act for all concerned; but in trying the facts whether there be assets by descent in the hands of the heir, and what is the amount thereof, he has no interest, either personally or in right of representation.' With all respect for the judges deciding that cause, these opinions cannot command our assent. ”

“ If an executor withholds freedom from manumitted slaves, the slaves may prefer their petition at law against the executor, or against any person holding them under him, and they may recover their freedom by a judgment at law, though the question raised by the plea is, that the manumission has been made in prejudice of creditors. ”

“ Before the trial of the issue, by consent of all parties, one Richard J. Edelin was admitted as a party defendant: he being the executor of the last well and testament of Frances Edelin, deceased, late of Prince George's county, Maryland; and having, as such, sold the petitioners to the defendant Robert Fenwick, as the executor contends, in virtue of an order of the orphan's court of Prince George's county, to sell all the personal estate of Frances Edelin. ”

“ The object of this writ of error is to reverse a judgment of the circuit court of the District of Columbia, for alleged error in having adjudged the defendants in error (coloured persons) to be free and discharged of and from the service of the plaintiff in error. ”

“ Jun. 267, it is said, 'after paying debts,' amounts to a charge upon a real estate; for which very little is sufficient.
In Newman v. Johnson, E. 1682, 1 Vern. 45. 'My debts and legacies being first deducted, I devise all my real and personal estate to J. S.' These words were said to amount to a devise to sell for payment of debts.
A devise of land after payment of debts, is a charge on the land; for, until debts paid, testator gives nothing. 3 Ves. ”