
    GENERAL COURT, (EASTERN SHORE.)
    SEPTEMBER TERM, 1789.
    Negro Adam against Andrew F. Leverton.
    PETITION for freedom. Statement of facts submit ’ ted to the Court for their opinion.
    
      John Costin, the late proprietor of negro Adam, iu. March, 1784, made his will, whereby he constitutes his wife Elizabeth executrix of the said will, to whom, and. to two of his daughters, he bequeaths the whole of his personal estate, after the payment of his just debts, &c. That the said John shortly after died, and the said Elizabeth, his widow and executrix proved the said will, and took upon herself the burden of the execution thereof, as by taking’ letters testamentary and proceeding to the settlement of the estate. That the said Elizabeth shortly after moved to Wilmington, in the Delaware state, to wit, in 1785, and carried with her the said negro Ada?n, the petitioner. That: the said Elizabeth, shortly after her removal to Wilmington, intermarried with a certain Joseph Tomlinson, of Wilmington, in the said state of Delaware, where she has continued to reside ever since her first removal. That she, before her marriage aforesaid, kept the said negro Adam in the state of Delaware for the space of one year and nine months in the whole, after which the said Tomlinson and wife brought the said negro Adam to Maryland to reside and remain in said state, and hired the said negro Adam, with the farm (by the said will devised to the said Elizabetli) to the defendant in this cause, for and during the years 1788 and 1789, where he still is. That the estate of the said John Costin is not yet settled; that taxes have been paid in this state regularly for the said negro Adam, during his 21 months’ residence in Delaware, and still are paid for him. That the personal estate of the said John Costin is not sufficient to pay all his debts, but his real and personal estate fully sufficient.
    
      Wright, for petitioner.
    
      J. Tilghman, for defendant.
    
      Wright, for the appellant.
    
      Cooke, for the appellee.
   The General Court dismissed the petition and ordered the said negro Adam to service, &c.

The petitioner appealed to the Court of Appeals, where, at June term, 1792, the said Court of Appeals affirmed the judgment of the General Court.  