Year: 1865

A master having made will whereby he d.
clsr-d that his slaves should bs set free AT the
end of seven years from hi death, in a suit for
freedom by of the slaves il woul not avail
as defence 10 prove that the master WAS in
straitensd circumstances al the time of his
death, unless it was further shown that his es-
tate was indebted beyond the means OF payment
unless the plaintiff and the ether negroes should
be subjected to the payment OF the debts, and
that tae defendant held the plaintiff under legal
restraint 70 promote the payment thereof


II the estate was so indebted as TO involve
creditors undess the slaves were subjected 10 its
liabilities. that was the business of the personal
representatives Of the master, and could not
Justify strangers in holding them in slavery.


And this matter is set at rest in this case i,y
the written assent of the administrator 10 the
prosecution OF this suit, szd to the plaintiffs ;
emancipation under the will


An administrator with the will anne xed ca ano.
deny his know ledge of the contents of the will
OF the testator, nor of adjudication OF tins
court IN a case in which he was party, wherein
the proper construction Of the will WAS deter
mined


he mere delivery of a slave by an adminis-
traitor to another, without any prstence that IN
doing SO ne was acting for the good Of the es-
tate, or under the authority OF the probate court,
or by virtue of any ether legal authority would
not pass the title.


%
money to the heirs Of tie testator ia orde, to Sc
cure their supposed interest in ,he plaintiff az a
slave the mere fact OF this expenditure viii ay all
nothing as a defence to d suit for freedom
brought 0y the slave =
And testimony to this effect would be inlna-
terial TO the issue.


Nor would it avail the defendant to prove
that be had paid sum IN discharge of the debts
OF the testator.


II ne made such payment voluntarily he was
not entitled TO reimbursement; if be did So as
security or through any other legal necessity,
his payment constitutsi demand against the
estate which should have been presented and
adjudica.ed in the course Of the administration
Of the estate.


The circuit court had 10 such jurisdiction of
such payment or to allow i, to he used as de-
fenee to the plaintiffs suit for freedom


Parol evidence is not admissible to preve the
statute laws of anoter S tate


Such statutes should be proved by exempIf-
ion.


If il were true tha. the laws Of Louisiana did
not allev the emancipation o. slaves, yet tes-
tator might by will made there emancipate bis
slases in this State.


The laws Of Louisiana de not control the pol
icy OF oar laws in regard TO emancipation.


Defendants offered in evidence q bill of sale
for the plaintiff made by Sledge who was the
administrator with the will annexed of the tes-
t2tsr and ceruhcate made by Sledge, wherein
ths latter acknowledged that defendant had for
years owned one half Of the plaintiff and was
then entitled to her full ownership: Held, Not
TO be admissible.


The testator executed his will in Louissna,
though the plaintiff a nd his other property seem
TO have bsen in this State before and at the time
of his death. The will was executed aud proved
according to the laws of Louisiana, and a copy
thereof and of its probate was fled and recorded
in the office Of the clerk of the probate court of
Union county where the slaves and domgil of
the testator appear to have been: Held, That
the authenticated copy of such will and probate
80 fled and recorded was admissible in evidence
in this case. Gould's Dig. ch $50. secs. g. 81


Statutes arc to be construed as having only q
operation unless the CONTRARY is
or so plainly implied as to leave it
without doubt that retroactive effect Was in
tended. Couch o. Mckse, ] Eng 433, State ..
Kline, % Ark. 569.


The acts of 1859 10, bidding further emancipa-
ton do not affect instruments of emancipation
made before their passage, though the emsnci-
patton was not completed til after their passage
Phebe .. Quillen, 2I Ark. 400.


The question Of freedom should be dete rmin-
ed solely upon its legal aspects. Phebs .. Quill
len, u6i sxp.


AFPIEMRD.