Scott v. Dobson

THIS was an action of replevin for two negro boys named Lewis and Sampson, and two negro girls named Kate and Phcebe. Plea property. At the trial of this cause at the Assises, the Jury found by their special verdict, that Benjamin Parrott, of Talbot County, deceased, on the 18th of May, 1724, made his last will and testament, in which was the following bequest: “ I leave unto my wife four negroes during her natural *£ life; that is to" say, Acte, Alice, Moreah and Rose, and <c after her death to be divided between my seven children, “ Benjamin, Mary, Hannah, Eliza, Jane, Rebecca and £C William, ParrottP That the defendant Hannah, is the same person mentioned in the will' as one of the legatees. That the plaintiff after the death of the said Benjamin, ¹⁶¹ about the month of February, 1729, intermarried with Jane, the widow and devisee of Benjamin, and lived married to her till the month of November, 1746, when she died.

That negroes Sampson and Phcebe, in the declaration mentioned, are the issues of negro Moreah, mentioned in the will, and were born after the death of the said Benjamin and in the life-time of Jane, widow of said Benjamin, and during the marriage of the plaintiff and said Jane. That negro Lewis, in the declaration mentioned, is the issue of negro Alice, mentioned in the will; and negro Kate, mentioned in the