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Strictly speaking, Arlington and the slaves were the property of Lee's wife. She was the granddaughter of Martha Washington and had inherited the slaves and the land. Lee could manage the operation, but would have been personally liable for allowing the value of the estate to diminish through his actions, such as freeing all the valuable slaves, if he had had the power to do so. But, since most of them were not his, he did not have the actual legal authority to free them.

Lee's children stood to inherit Arlington. A slave man in his prime was worth perhaps $1000 on the market. In many places this was enough money to buy 500 acres of farmland. On many plantations the market value of the slaves was greater than that of the soil they tilled. Freeing the slaves would have reduced the value of the bequest to his children by more than half. And without them, it would have been difficult to farm the land. But anyway, Lee lacked the legal authority to free the slaves, if he had been able to face the idea of such a vast diminishment of what he would see left to his children.

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Q: Why did Robert E. Lee continue to keep slaves on the Arlington estate if he would be happy to allow them to leave?
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