4

Virginia
At a Circuit Court of Chancery for the County of Henrico
held at the State Courthouse in the City of Richmond
on saturday March the 29th 1851.
John sometimes called John Moseley and Claiborne sometimes
called Claiborne Moseley pet [petitioner]
against
Waller Leake executor of Sarah Moseley deceased Deft [Defendant]
This cause came on this day to be again heard upon the papers
formerly read and upon the report and supplemental report of
commissioner Davis made in pursuance of the interlocutory decree
enclosed herein on the eighteenth day of June eighteen hundred and
fifty with the exceptions thereto filed by the defendant and
was argued by counsel: on consideration whereof the court is
of opinion that the leading intention of the testations Sarah
Moseley in regard to her two slaves John and Claiborne the
plaintiffs in this suit, clearly manifested by these persons of her
desire, that after a limited period which has now elapsed
they should be allowed to select their own masters and have the sole
use and benefit of their own time and labour, was to set them
free from and after that time to all intents and purposes, the
word master being used in the opinion of the court, in the
sense in which it is often used in this state, not of an owner,
in the legal signification of the term, but of a protector merely
who render assigned or nominal authority might defend
them from unlawful aggressions or legal penalties Thus
construing the phrase refered to, it was designed as a privilege
which might as the executrix supposed enable the slaves
after their right to freedom should accrue, to remain in
the Commonwealth a privilege which it was not in her power
to confer, but which it was and is in the power of the county
or corporation Court or of the General Assembly to extend
to them.
The Court is further of opinion that if the phrase
in question could be construed as importing not a privilege, but