This case is about slaves or slavery.
| Year: | 1833 |
| Citation: | 5 G. & J. 269 |
| Jurisdiction: | Maryland |
| People: | Caroline Calvert |
| Short Summary: | Caroline Calvert, a slave (and daughter) of the defendant, lived with the testator as his mistress until he died. Caroline was emancipated by the defendant as well as delivery of her seven children, two days before the execution of the will. The plaintiff argues that Caroline eceitfully and by undue influence, tricked the testator to impose the will onto her children. The plaintiffs allege that the testator did not intend to bind himself to provide for Caroline's children, as he beleived that they were not his and furthermore that Caroline was not a competent and credible witness because she "led a lewd and dissolute life, and was a common prostitute." Holding that giving an estate to the children was not a free and unbiased act and furthermore admitting evidence of Caroline's past "lewd and dissolute habits" to prove that she tricked this old man to giving up a large piece of his property. However, the court denied evidene of the paternity of the children since it was not material in the case. Continuing that since there were three children born after execution who would be entitled to an estate but there was no provsion regarding them, which the court states would have occurred if this was a free and unbiased act. |
| Law type: | |
| Full name: | Elizabeth Davis vs. George Calvert, Caroline Calvert, et al. |
| Court: | Court of Appeals of Maryland |