Dear Ami and others:
I think the main purpose of treating slaves as real property was for intestate succession. For example, a widow would have a dower right in slaves if they were real property. It has been a long time since I looked at this, but my impression is that slaves were treated as chattel rather than real property for almost all of the 18th century and in the 17th century as well. I am not where I can browse through my set of Hening, but I don't recall ever seeing slaves treated as real property in VA. They were in Maryland, early on.
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Paul FinkelmanArielF. Sallows Visiting Professor of Human Rights LawCollegeof LawUniversityof Saskatchewan15Campus DriveSaskatoon,SK S7N 5A6 [log in to unmask]
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andSeniorFellowDemocracy, Citizenship and Constitutionalism Program
Universityof Pennsylvania
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From: "Pflugrad-Jackisch, Ami Rebecca" <[log in to unmask]>
To: [log in to unmask]
Sent: Tuesday, January 5, 2016 2:38 PM
Subject: Re: [VA-HIST] Colonial law codes vs. session laws
Hi all,
This is a very interesting discussion. The slaves as real property issue is a thorny one. Could slaves still be entailed somehow after this? Are there any examples of a white family moving to a new (but previously existing) large plantation and buying the slaves owned by the previous family?
Can anyone tell me what the most accurate source is for more information on this?
Thanks!
Ami
Ami Pflugrad-Jackisch
Associate Professor of History
University of Toledo
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Craig Kilby <[log in to unmask]> wrote:
This may well be. One such instance was Virginia’s 1748 repeal of the 1705 law defining slaves as real property, which was nullified in 1751.
Craig Kilby
Kilby Research Services
www.craigkilby.com<http://www.craigkilby.com>
> On Jan 5, 2016, at 10:40 AM, Tarter, Brent (LVA) <[log in to unmask]> wrote:
>
> If memory serves me correctly, the Crown disallowed several statutes enacted with the revisal of Virginia's legal code in 1749.
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