Robinson vs Mullins Detinue Notes &c abt.. 1741 .or 42. Harry Robinson & Molly Wareing being each possessed of Slaves, before their Intermarriage, agreed that a Joynture should be made of her Slaves to herself, wch was done. Anno 175[4?]. H & M his wife joined in a Deed of Trust to Edmd. Pendleton, wherby some of the Negroes that were hers with some of his, were settled in Trust for their use during their joint Lives & for the Life of the longest Liver, and after their Deaths particular Negs. were to go to particular children, Vizt. City (the Wench in Dispute) to Eliz'a. one of their Daughters. - to John &c with an express Condition in the Deed that if either of those children, should die before they came to the Age of 21, that their Neg. should return to the Estate of, or be vested in the Donor &c. - See the Deed. In 1756 Aug. H.R. died leaving the sd M. his widow &c Eliz'a his Daughter &c Eliz'a the Daughter being under 21 intermarried with Wm Banks, Banks died 1766 who died before Eliz'a his Widow was 21. After his Death, the Negro City with others of wch he died possess'd, were sold to pay his /Bank's/ Debts / David Ross the Purchaser / Eliz'a being still under 21. Before Banks marriage with Eliz'a Molly her mother died. Born Feby 1747 Banks had a Daughter/Mary/by Eliz'a 1768 Aug. - Eliz'a and her Daughter & a Neg. Boy were all drowned together. Eliz'a was found about 6 Miles lower down the River than her child (then about 5 years old) who was found only a few hundred yards from the Place where they entered into the River. the Negro boy who was also drowned with them, was found about Half a Mile from the Place where they went in. Eliz'a was of age the 16th Feby before she died. Quer. Is not J Robinson Heir at Law, being eldest Bro. of Eliz'a? Geo. 2 Cap. 11 Sect 13. } If Banks had no Title, the Sale was illegal &c By the act of Ass'y the Feme Sole must not only be poss'd but must have a compleat Title before she can be said to be possessed "of her own proper Slave." This could not be the Case with Mrs. Banks. Her Husband died before she arrived to the Age of 21 at wch Time, If not till then her Title became compleat or absolute: it being stipulated by the Deed, "that the Negs. should return &c in the Event of her dying before 21, that Event not happening in his Lifetime, no Right could vest in him. Curtesy, Dower, no Right vested 2nd.. Who is to be accounted the longest Liver, Mrs. Banks or her Daughter?