Hinds v. Brazealle

2 Howard 837 (1838)

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Nature of the Case

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Facts

Elisha Brazealle left Mississippi in the year 1826, and took with him to the state of Ohio, a negro woman and her son, D, for the purpose of emancipating them, and with the intention of then bringing them back to Mississippi. Accordingly, he executed the deed of emancipation whilst in Ohio, and returned with the negroes to his residence in Jefferson County, where he continued to reside until his death. Elisha then executed a will where he recited the fact that such a deed had been executed, declared his intention to ratify it, and devised his property to D, acknowledging him to be his son. The executors proved the will and took charge of the estate, and filed this action claiming the estate on the ground, that the deed of emancipation was void as being contrary to the laws and policy of this state, and that being so D is still a slave and incapable of taking by devise, or holding property. D demurred to the bill, which was overruled by the chancellor. D appealed.