## Facts

- Miles Howard, a Black man, entered a customary “marriage” with Matilda in 1818 while both were enslaved; it occurred with their masters’ consent but without a legally recognized ceremony.
- Miles was later emancipated, purchased Matilda (who remained enslaved until then), and they continued cohabiting as husband and wife without formalizing a civil marriage.
- Miles and Matilda had multiple children, including Frances Howard; in 1836, a legislative act emancipated Frances and her siblings.
- After Matilda’s death, Miles married a free Black woman in a ceremony complying with legal requirements for marriage among free persons; they had children, including Sarah Howard.
- Miles died intestate owning real property.
- Frances’s representatives claimed Frances and her siblings were co-heirs with Sarah and the children of the second marriage, entitling them to recover land through an ejectment action.
- Sarah and the other defendants asserted only children of the later lawful marriage were legitimate heirs; children of the slave union lacked inheritable blood.

## Issues

1. Whether children born from a customary union between enslaved persons—never formalized as a lawful marriage after emancipation—were legitimate for purposes of inheriting their father’s real property.
2. Whether legislative emancipation of those children altered their legitimacy or conferred inheritable blood enabling them to share in an intestate estate.
3. Whether the children of a later, formally solemnized marriage between free persons were the exclusive heirs to the father’s real property.

## Decision

- The Supreme Court of North Carolina affirmed judgment for the defendants.
- The court held the children of Miles and Matilda’s slave-union were not legitimate and therefore could not inherit Miles’s real property.
- The court held the children’s later emancipation changed their status from enslaved to free but did not legitimate them for inheritance purposes.
- The court recognized the later formal marriage as valid and treated its children, including Sarah, as Miles’s legitimate heirs entitled to inherit to the exclusion of the children from the slave-union.

## Legal Principles

- Enslaved persons lacked legal capacity to enter a civil marriage recognized by law; customary slave unions did not create lawful marital status for inheritance purposes.
- Legitimacy for intestate inheritance depended on birth within a lawful marriage (or specific statutory legitimation); illegitimate children generally lacked inheritable blood from the father for descent of real property.
- Emancipation of children (even by statute) changes personal status but does not retroactively legitimate birth or create inheritance rights absent express statutory language.
- A marriage between free persons that satisfies statutory formalities is legally valid, and children of that marriage are legitimate heirs under ordinary rules of descent.

## Conclusion

The court upheld title in the children of Miles Howard’s later lawful marriage, ruling that children from his prior customary union formed during slavery remained illegitimate for inheritance, and their subsequent emancipation did not grant them inheritable rights in his intestate real property.


Doe ex dem. Howard v. Howard, 51 N.C. 235 (N.C. 1858)