
    Case Ho. 12,287.
    SAMUEL v. CHILDS et al.
    [4 Cranch, C. C. 189.] 
    
    Circuit Court, District of Columbia.
    Dec. Term, 1831.
    Slavery— Manumission — Witnesses to Deed-Status of Children Bokn.
    1. Two witnesses are necessary to a deed of manumission under the Maryland act of 1796, c. 67, § 29.
    2. If a female slave, manumitted by last will of the owner, to be free at the age of twenty-five years, has a child bom after the death of the testator and before she arrives at the age of twenty-five, such ^child is a slave.
    The petitioner [Negro Sam] was included in a deed of manumission made in Maryland, February 17, 1797, which was witnessed by only one witness. The Maryland act of December 31, 1796, c. 67, § 29, required two witnesses. The master afterwárds carried them to Virginia, where he died, having by his will left them free at the age of twenty-five. The petitioner’s mother, one of those slaves, was living in Virginia at the death of the testator; after whose death, and before the petitioner’s mother had attained the age of twenty-five, that is, before she was actually free, the petitioner was bom, in Virginia.
    Mr. Key, for defendant,
    contended that the petitioner, under those circumstances, was born a slave, and cited the case of Maria v. Surbaugh, 2 Rand. (Va.) 228; in which the court of appeals of Virginia unanimously decided, that where a testator be-queathes a female slave on condition that she shall be free at a certain age, and before that period arrives she has issue, such issue are slaves; and
   This COURT

(THRUSTON, Circuit Judge, contra),

decided accordingly. Judgment for the defendants.  