{
  "id": 11978604,
  "name": "Rutherford vs. Craik's executors, and others",
  "name_abbreviation": "Rutherford v. Craik's executors",
  "decision_date": "1803-06",
  "docket_number": "",
  "first_page": "262",
  "last_page": "277",
  "citations": [
    {
      "type": "nominative",
      "cite": "2 Hayw. 262"
    },
    {
      "type": "official",
      "cite": "3 N.C. 262"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Super. Ct.",
    "id": 22358,
    "name": "North Carolina Superior Court"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "3 D. 2",
      "category": "reporters:state",
      "reporter": "Dall.",
      "opinion_index": -1
    },
    {
      "cite": "3 Aik. 419",
      "category": "reporters:state",
      "reporter": "Aik.",
      "opinion_index": -1
    },
    {
      "cite": "1 Aik. 439",
      "category": "reporters:state",
      "reporter": "Aik.",
      "opinion_index": -1
    }
  ],
  "analysis": {
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    "char_count": 45966,
    "ocr_confidence": 0.23,
    "pagerank": {
      "raw": 2.0446031217563963e-07,
      "percentile": 0.7531937190160507
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    "sha256": "4e806fee6620f15b3c55742efe823a52d695c1d04f6ba92c9d910b123d760827",
    "simhash": "1:83b02cc6450480cc",
    "word_count": 8500
  },
  "last_updated": "2023-07-14T20:25:52.833864+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Rutherford vs. Craik's executors, and others."
    ],
    "opinions": [
      {
        "text": "\u00bfiod j \u00abrige,\nthought that profits by increase of Megs oes rav-w Tryi\u00fc : \u00a1u w-jrs 10 and part 16, did not meta the young \u00ed-fogroe\u00ed, torn sfoer tbs nrAmg of she deed; And a.-\u00bb to her f-'.ir.fowutk idv.ee-, he thi 'Ugr. i \u00ab.hat ail which either party cock! claim wra \u00edkv tail uaifocradk by the deed ; end that site was net endded to daiat inore ihau that had Essigtu d.\nTim coti'tssl of the foairitEi perceiving the opinion of \u00cd.U; Coart, eisuai .sed fcjc b.l\u00ed and commeuced Ids risk .\u00a1It nwo in for? Circu\u00ed*, Court c\u00a3 the United Svies\u00bb",
        "type": "majority",
        "author": "\u00bfiod j \u00abrige,"
      }
    ],
    "attorneys": [
      "B contra-"
    ],
    "corrections": "",
    "head_matter": "Rutherford vs. Craik's executors, and others.\nrpHE plaintiff claimed under the will of Jane Corbin, all lhaS she was entitled to under the marriage settlement between Iter and Thomas Corbin, prior to the marriage: particularly, they chimed all the increase of the N\u00fcgroes mentioned in the deed whereby the marriage settlement was made, and a widow\u2019s soar'-, under the act of distributions, of the one half of the original stoik of Negroes, secured by that deed to Corbin, who C' d before her, intestate. They made other claims besides, bat these were the claims upon which lay the stress of the argu-\nThe deed recited, that on that day, 28th of October, 1761, ths said Jane Innis and Francis Corbin, as well for and in consideration of a marriage, by God\u2019s permission, intended shortly to bs had and solemnised between the said Francis Corbin and Jans Innis ; and if the sum of twenty shillings sterling money of Great Britain, by Samuel Swann and John Swann, to the said Jane Innis in hand paid, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged $ and for and towards settling and assuring the several plantations, tracts or parcels of lands, tenements and hereditaments, and Negro skives(f) andtkeiryncrease, plate, houshold goods, and stock of horses, cattle, hogs and sheep ; the estate of her, (2) the said fane Innis, hereinafter mentioned to be granted in trust, to and for the several uses, intents and purposes, and subject to the powers, provisos, limitations and agreements hereinafter limited, declared and expressed; and for divers other good causes and consi-dt rations hereunto especially moving, she, the said Jane Innis, by and with the consent, direction and appointment of the said Francis Corbin, testified by his being party to, and signing and e. king these presents, hath granted, bargained, sold, aliened, routa; d and confirmed, sad by \u00abhese present'? doth folly, cleat\u00bb ly and abso\u2019ntf\u2019y grant, sell, Kisers, release amt confirm nnio the add Samuel Swann and John Swann, in tbeir actual pos'setisioBj now being by virtue o\u00ed a bargain and sale to them thereof made fur one year, in consideration of ten shillings, sterling is7.Qae.ycf Great Britain, by indestaTe bearing date the day nest before the day of the date of these presents, and by force and vhtue o\u00ed the statute for transferring uses into possession, and to their heirs and assigns, all those the three plantations, tracts or parcels of land of her, the said Jane, lying and being ok the casret snosc branch of long creek, in New Hanover county, containing in the whole, twelve hundred and sixty acres ; also all that other plantation, tract or parcel of land oi her, the said june, h lr,\u00a1s .-.yd t>t--iag on the north east side of the north west branch of Cap.- I?. re river, joining the upper side of the kte Htnrjt Simons\u2019 land ic, Bladen county, containing three hundred and twenty acres ; also all that other plantation, tract or parcel o\u00ed land of her, the re/d, Jane, containing one hundred and eighty acres, lying and being in. Bladen county, on the west side of the north west branch ot Cape Fear river, joining M'Nightk land, together with ail the houses, out houses, edifices, buildings, orchards, gardens, lanes, sseadows, trsea, woods, ways, paths, waters, water courses, easements, profits, commodities, advantages, emoluments and here-ditament's whatsoever, to the said several plantations, tracts parcels of land or either of them, belonging or any wise appertaining 5 and the reversion or reversion's, remainder or remaii:. dors, rents, issues and profits thereof, cad oftvery part or pin-cel thereof; and all ths estate, right, title, interest, use, trust, possession, property, claim sad dei*r-\u00abad of her, the said jfan-s Znnis, of, into \u00a9r out of, the said v-verstl plantations, tracts or parcel of lands, tenements a:rel he-re--Ist.'.ment3, ar.d premises and every of them 5 to have and to hoM the said several plantation-.,, tracts or parcels of lands, tenements and hereditaments, anda:- and singular other the premises, unto the said \u00edtamnel Swatv.-. and John Swann, their heirs and asvvns, in trusw: nevertheksi to and for the several uocs, intents and purposes, ?<d subject to and under the several powers, provisos, limitations and agreements hereinafter and by these presents limited, dc-fkrc-d and. expressed. And ibis indenture further witoesc-.eth, dret ior dm consideration aforesaid, a-id ire consideration of five sum nf ten shillings, like sterling money, <\u00ab. the said Jane Innis, in hand paid by the said Samuel Swann aud John Swann, at or before the en-sealing and delivery of these pr, cents, the rt-re'ptv-hereof is hev< - by ackuov. Lulled, che, the :*\u00a1J Jan,.** Snnic, i.7 ant! with the cos\u00ed-\u2022lent, direction and apimintm^nt of tl.o re \u00a1d Francis Corbin, al\u00f3n\u00bb testified by his beinr pasty 10 and \u00a1-.-t/nln'i and \u201csealing these pre \u2022 a -tit.-j, hjt\u2019n granted, bargained, sold, alie tied re;;! 1 cre\u00ed-nn..'*!, and Ly thiss-e prcaems doth grant,, httryaiu, :rh-.A and ;.a mi1.-.-the said Samuel Swann and John Swann, their heirs and assigns, \u00aeU that tract or parcel of land, situate, lying and being in New-Hanover county, containing three hundred and twenty acres, being the plantation whereon the said Jane Innis now dwells, and called or known by the name of Point Pleasant; and also all that other tract or parcel of mar3h land, containing one hundred a-eres, lying and being i,n the county aforesaid, across the river, opposite to the plantation aforesaid ; and also all the houses, out bouses, tenements, gardens, orchards, trees, woods, underwoods., profits, commodities, advantages, hereditaments, ways, waters and appurtenances whatsoevsr, to the said plantation, tracts or parcels of land abovernentioned, belonging or in any wise appertaining; and also the reversion and reversions, remainder and remainders, rents and services of the said premises, and of every part thereof, and all the estate, right, title, interest, claim and demand whatsoever, of her, the said Jane Innis, of, in and to the aforesaid two several tracts or parcels of land and premises, and every part thereof; to have and to hold the said two tracts or parcels of land and tenements, and all arad singular the said premises with the appurtenances above mentioned, and every part or parcel thereof unto the said Samuel Swann and John Swann,' their heirs and assigns for, and during the natural lit\u00e9 of the said Jane Innis, in trust; nevertheless to and for the several uses\u00ae, mtents and purposes, and subject to, and under the several powers, provisoes and limitations and agreements hereinafter by these presents limited, declared and expressed. And this indenture further witnesseth, that for the consideration aforesaid, and in consideration of the sum of ten shillings like sterling \u00a1mos<ev, to the said Jane Innis in hand paid by the said Samuel Swann and John Swann, at or before the ensealing and delivery: of these presents, the receipt whereof is hereby acknowledged, r>h*>, the said Jane Innis, by and with the consent, direction and appointment of the said Francis Corbin also testified by his being party to and signing and sealing these presents, hath granted, bargained, sold, assigned, set over, transferred, and by these presents doth fully, freely and absolutely grant, bargain, sell, assign, .\u00abet over and transfer unto the said Samuel Swann and John \u2018Vann, their executors, administrators and assigns, all and singular her Negro slaves (3) followings by name, Peter, Johnny, Peer, V-.. Rutherford, Mingo, March, Ben, Sinclair, jun. Exeter, 11 ib, George, Qjiomino, Cato, Monrow, Murray, Jemmy, Cyrus, Canisby, Sinclair, Cufie, Jamaica, Torn, David, Mundingo, Chaiks, Charles, Betty, Murry, Cesar, Southerland, Ross, Solomon, Anthony, Carthness, Cain, Cudjo, Douglass, London, Sentry, jirr.boy, George, jun. Shields, Sandy, Cesar, Nancy, P; oshe, Lucretia, jun. Uphamh, Victoria, Jenny, Rarharv, Vio-kt, Luc\u00ed oda, Doha, Celia, Carolina Jenny, Dinah, Mary, Jen? tty Murray, Nanny, Guy, Jenny Po\u2019I.-rd, }>\u2022;!, Sara\u2019?, Mihsib.j Patient, Pcgrjy, Folly, Nancy, \u00a3K\u2019l;a,ja >. BJhidUh, Dinah, ja\u00bb\u00bb Gi.i>ira, Sr.ck.y, D;uah, Betty \u00ediiaar-, Naany, Ei.se, together whh their [4]ji/f\u00f3reincrease{also -\u00fc the p\u00edate, hen-a hold goods, stocks of hovs'-s, hlic't. cattli\u00bb, sheep, sad hog\u00ae, and all other tbs pipona! estate cf her, the aaid Jane louts, V. acre?\u2022:>'.a/;, r to be ff-unci in the province of Noub-Carolina or elsewhere; to have an I to hold, all and siagukir the sad! Negro slaves* together vjiift their [9\\future increase* plate, house-held goods, sunk* oi horses,, black cattle, cheep and hog-,, an*! every o\u00ed them, and all the other personal estate aforesaid, of her, the aaid Jane Innis, by th-tse, presents granted, bargained, sold* assigned, sot over and transfer\u00bb \u2022red, mentioned or intended to be granted, bar.g-dm d,sold, assign\u00bb ed, set over and transferred unto \u00a1belaid Samuel Swann and Johra Swann* their executors* admink-tr-itors and aas.-igus intrust; \u00a1nevertheless, to and for the several uses, intents ami purpose-, and subject to and under the several powers, provisoes, limitations, conditions and agreements hereinafter by these presents limited* declared and espre: ced. And this indenture futthe\\\u201c wiinesseth, that in conskkmioa of the said intended marriag-: . and of the great love and affection the said Francis Corbia batir and bearet\u2019n to the said Jane fnnis, and of the sum of twenty shillings sterling money of Great-Bri&in, to the said Franci-s Corbia, ia baud paid by the said Samuel Swann and John Swans,, at or before the ensealing and ddiveiy of these presents, the receipt whereof is hereby acknowledged, he, the said Francis bath granted,, bargained, sold, aliened, released and confirmed,, and by these presents doth fully, dearly and absolutely, grant, bargain, sell, alien, release and c\u00a9< Sna unto the said Samuel, birann cad John Swann, in their actual possession, uow beling by virtue of a bargain and sals te them tbeioof made for one year,, ia consideration ten chitlings st.esIsitg money of Great-3ritair-s by indenture bearing date the day next before the day of tbs date of iheae presents, and by force and virtue of the statute for transferring uses into possession, and to their heirs and assigns, all that [\u00a3] lot or half acre sj'land, and \\wharf of him, Che said Francis, lying and being in the town of Edenton, in Chorran county* purchased bv the said Francis, of Thomas Barker, Esq. also all chai island and the marsh thereunto belonging, purchased by the said Francis, of the executors of Jmiaa Craven, Esquire, deceased, lying and being near Edenton, in Chowan county aforesaid, called and known by the name o\u00ed 3imvfecrry Island, together with the houses,- out houses, improvements, and all oth^r die appurtenances to the said lot and wharf and island belonging or any wise appertaining 5 and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of evesy part and parcel thereof and alt the \u00abstate, 1 igh\u00a3j, title, istere.'.^j re;, itx f.\\z Ctebv: i J\u2019O i\". J ;s)d, v.b\u201d, \u00a3, bf\u2019Di ; ;jd pr-iT''r'< e, s>1 \u201d d -ini ;<\u00ed-A tUtnsn-1 of hist, the eaid \u2018Err.:*.. \u2022r\\ to o\u00ed oyt o\u00ed the. sit'd if t or bal! arre of ?Csnd 'ind u Ss.&\u00fcoo\u00edl;, hen db \u00e1mente \u00a3 \u25a0\u25a0\u2022y o\u00ed\" \"bu as; L> \u00a1\u2022\u25a0oveard to hold the sad1) !.\u00bb; or bcH r.\u2019iv of luid, vlvrf, s .land m-xsdi, hn\"ws, toiu-ruenis, arid r.br.ad ung\u00ed .kr odsei \u00a1hr pui\u00edrii\u00f1.s last an niton d, aod jiirC\u2019J thereof, with the apj urixsv r-r., unto the paid Sfsmudl >- \u2022\u2022\u2022\u2022! a-cd Jobe tini\u00bb- hub 3 .mi) assigns, intrust; ne-veriboi.-g\"., 'X? ami fr\u00bbi the severa! urn r, uy>en<\u00ed! and purposes, and ^object to, .uid under the r-evt rsl power a, provisos, limitations mid agrr.-c'iuciits hereinafter by thes<* presents limited, declared and etqirjssod s And h is hereby d. clared arid agreed by ai d bet*.T'Ksn all the add parties to ther.e presents, that the said S<mm-\u00ed-I i\u2019want\u00bb and John Swaun, their \u00a1vir.;, vxtatum and adminis-maiors, shall hold asid be seised uf sU and singular (he said lands, l -.lands, lot, v/harC messuages, bourse.\u00bb, tenements and heredita-z and have, bold and possess all the Mgro slaves and their fuifitre [7] hicrcense, plate, t-.oust.hold goods, stocks ot horses, black c.'iDle, sheep rust\u00ed, hogo, and all and singular other the prim hi. a th&m herein before and hereby g\u00abanud and sold as aforesaid, V. .die several uves follovwng; that r. to say; as to ali and sirs-guf.ir thrt \"1 \u00bbnd3, tenements and heriditaments, in the sivf.al counties of New -llano ver and IVnden, and the Negro [if] cheer:,, jlute, household goods, sto'.kn of hovi-es,black cattle, bliec.p and Sc every of than, tlic r>-d md personal ta.l.iu oi\u2019ihe arid Jan's 7x is, to the tr..c and behoof of d e md Jane lank, and her bf\u2019ru -'.kl atr.igos, i:\"ti? h- said ini-ended m rriajy* sh;*U be bad and 'jo-l\u00edi-.iisizef\u00ed; and from aivl alter the said intended aitarrii'gfc siiv.il h-\u2018 bad a;id '\u2022olemoijz'. J, to the ot.u- u of th<- sv..d Srnmel Swam \u25a0anrl John Swr.nn, their U<-hr;i->:- ,.uti>rr.. ar.rnir..supers and as-sj./'n:-:, in truct; net-crfhsiens, \u25a0(\u2022\u00a3' ike said Sama.-1 Swann and J-s. <a \u2022! .vi>n:i, and \u00edhe survivo\" o ti.i-m, and ihe hfiri-., ercer.ut.oii .usd adott\u00edninii (i atoro and rv-^igor. of su- h sundvor shall receive' ,-\u201ed p?,v the ch-ar rea'*, mti [,n,pt\\ oj the [9] oforewld \u00cd u,*..', fxnenaen'.r. and heredtwm nit. m the eiumiesot Niw\u00ab finisover rr.d Biidsn, all re.isi>u-.bl> dec\u2019ucfions bru<g first ruado Nora time to time, yearly a> d ev- >y ven. or (1 toser if conreni* \u00bfntfy may be ; and 4hall aL~o permit and At ffet the ,;.rd \u2018Jans Z-2--Ttis [10] to receive idi tin prt-jia or king by the ugt o s&tves afay\u00bf* said, eitherfnen their i/f/w, inc. ea\u25a0 e or hire; and also shat Liirdi: or owv hi any mnnr\u00bb r ^viai' boat 'll and even orbes part of tho personal estate cf the sir\u2019 Jane li afonsaid^ for anti durin-j, the term N her r' hr.-ai fll] lije ;o> h< r mi arate use and benefit, fisclusive of the rovd Francis Cotbiu, ht-r inter.dt d huatand, aiv! so thatth-: cam<?, or g\u00bby part thereof, -shall not b< subject to th*\u00ab controul, dhposition, debtf, forfeitores, incuisdnantes or con-' tr\u00e1ete o\u00ed tUs said Fiznrh Corbin, bet* iutendou husband j and tba;; *11 su-di aaaa or \u00absums of as s'-nll be paid ur-Vo h*.r doting h>_*r coven uve \u00bfh ol\u00ed bep.\u00bb<.: us\u2019, - L \u00bb\u2022 -on L- \u00edndc or s;>u k veru.is. or paeons as site, the t>aA Jim-- InAr:, did! by whiny vig\u00ede-'? v\u00f1 h her name, < f her ou n Ivov1, a; rua y, d rivet or anaakv 3 wk! t\u00eds it her ov\u00ed/s; receipt shall be a suid-\u00ed-u: bk'.dpygv f-r fa- wmi'-, u.vo Sjisris-i C;\u00ab: \u2018.ira and John G.vtmy or am oh.,- \"abac \u25a0\u00bfO' vr-v, liov.vki\u2019Sianiling Ar co</i i-;\u00ab\u00abv\u00bb AnJfnr\u2019 ,<_r:d f'-er the f \u25a0 V mu jane lanis., then dny, tbs east1 Ntgu; :V *-o\u00bb avA J ,ha Swan and the survivor of then!, an:! th-* h'-ivc, \u00ediv-cm S,.-\u00eda, and \u00a1\u00a1e-i^no of such - ursm'r-, shall staav! n d tie seised of those, the said drive plniiaiions, tnwm prr< eh of Ivad, lyia<\u00bb and being on the \u00ab\u00a1tatem\u00f3se brands o\u00ed jLr-njj Creel:, in Notv H 'novel- county, containing in the. who!iw.lie hum ilivd said sixty sms; and also of tln-ss other two plantatioa:^ tracts or p<>m.!s of LtaJ in Bladen county, the one joining t hr upper aide of Henry Simons* Land-, and -he ocher joining NA IJight\u2019s lands \u00a1 and siii.ll have, hold and possess the Negro jCdl (\u25a0laces and other the personal t-stats aforesaid, of her, the irate Jane Innis, i\u00bb trust, for th'-' uses, intent; and purposes ibllovnro ; that is to say, so much of the said [!3] land., Negi 0 ska jo stv-l filler the personal estan. o\u00ed die naid jane liuiia aBnsaid, t>*e \u00e9xvee-Jing the one half rlituof, or \u00a1ho sum of two thou: pud \\ ounda prod\u2022\u00a1m.ui-in aicuev, to be raised and mdd by the raid u uitec 0, and the survivor of th-. m, and the heirs, executors, a<!-ir\u00e1r>(SH\u2019ii\u00edori an.1 aecig-us of sue!, survivor, out of the whole iw\u20193 fend cvis-niai estate aforesaid of the said Jaw Iranis, (whichever ti\u00bbe said J.v.scshall be minded to give and di-pose of,) to the vug \u2018v.N feels .-ci of such person or pc-rs -ns, his c\u00bb their heirs arid ac-c\u00e9gv3 fwrev\u00bbT, to whom the said Jane, whether covcit or no!- ,, and if coveiv, notwithstanding her coverture shall, by any deed or writing, hit wil1 and testament, or other writing, \u00a1nirpoatipr;: lies List will and testament, a'te3ied by two or more creditable-tvitncsfaeS, give, d'vhs, [14] dhset or appoint ike t.?:djcr the zvatii of such direction and appointment, to the use of the spied Francis Cor\u00e1in, his heirs or assigns Jar ever, an? the :.i/r.y heifer remaining pa> t cf the said lands.\u00a1 Negrees, andofothe; the y. w sorad estate of (he said fane linio, to the use and behoof tf the raid Francis Cos bin, his heirs end assigns forever s And as ior too*!*. !ijr- and concerning the said lot or haif acre of land asid tv! wi h *h-i tenenH-n's am! appurtenances there to belonging ami peri.-noirg, lying and being in the town of Edenton, in Chov;.\"~\u2019 &f.-.*STiv, cud the said island ceded S:rawberry Idand, and mar-l ilh'-r\u2019o I. .5 saging, lying and l.e'n-g near Edenton, in Chow,-r wjui.:'/aSirenasd, the otate o\u00ed the said Fjaiicis Corbin to the usee and behoof of the said J'Vancis Corbin and bis heirs, \u00abni i?. eolermniaatior. of the said intended marriage, and from raid An -\u2022 the, arM uidvAd Sitarrian:? \u00a1dish b* had ?.ud solejanjaed te-tlie use ane behoof of the said Franc's Corbin and his assigns, for and during the terna of his natural life, without impeachment of or for any manner of waste, and from and after the determination of that estate, to the use and h\u00ab bool of the said Samuel Swann and J.ha Swann, and ti.tir lit irs, during the natural life of the said Francis C-*rbin, in \u2022 \u2022 v:<u, to preserve the contingent uses her.-i-; \u25a0 r liuved from being haired and destioyed, and for that, impose- . o nuke entilen and bring actions a\u00bb the case shall * r,qiir\u00bf, yet so as to perms;, snd stdLr i.u said Francis Cor-b\u2018.u to \u2022.eftivt the rents and pr< hts ol the said last mentioned premia: s fo,' during his r.\u00ab,tu[al I'iV, cmdjrom and after his decease^ ['-5] ,'hen to the use a id ithorf of the said fane Jitnis, hiv intended w.,e.. and her a; *\u25a0 m\\, jor and during the term of her natural lije without impeachment if or jor any v, antier of zvastc? and from anri atur t\u00edre decease oi the said i ,,\u00a1\u00ed Corbin and Jane, his intended wifi, and uu longest 1\u00bb k r o\u00ed them, to the tsse and behoof of the said Francis Cm bin, his heirs and assigns ior ever: Provider! always, and it h declared and agreed by and between the said parties to these presents, that it shall be lawful to and for the stud Francis Corbin, during the tea rn cl his natural life, and from and aftt r his decease, to and tor \u00a1he said Jane, during the term of her natural lile, as when the said Francis Cor-bin and J.uie shall be ir the actual possession of the said last mentioned premises limited to tire said Francis Corbin and the said Jane I unis during \u2019their several and ro'-jH c\u2019dve lives, by any deed or deeds attested by two or more creditable witnesses, to demise, lease or grant the said or half acre of land and wharf, with the tent merits, hereditaments and appurtenances thereto belonging, and the aforesaid island and marsh, with, the appurtenances thereto belonging, to any person or persons-, for and during the term of the respective life of the said Francis or Jane, and no longer, for and upon such- rents as to the said Fraud# er Jane shall seem meet and convenient, so as every such lease contain a condition for re-entry for non-payment of the rent thereby to be reserved, and so ,as every such lessee do execute a counter part o\u00ed such lease \u00a7\u25a0 any thing herein to the contrary notwithstanding. Provided also, and it is hereby further declared and agreed by and between the said parties to thtr\u00ae presents, that it shall and may be lawful to and for the said Jane, notwitstanding her coverture, and as if she were sole and unmarried by any deeds, writing or writing?,, signed by her, with her name, of her own hand writing, sealed and delivered in the presence of two or more creditable witnesses, with the consent \u00a9f the said Samuel Swann and John Swann, and the survivor of them, and the heirs of such survivor, testified by their being par-tiest wsticb deed or deeds, to. make any kasc orinases, dtraise\u00bb er rousts, of t:il or my of the lands limited to the said Samuel Sr'-iM and Join Svrzaa r.\u00bb:d their heirs, in \u00bfrust for the solo and 0 ro.uKte Uoe a'id behoof of \u00bfhe sAd June lan\u00eda as aforesaid, to an\u2019-* person or pr.tion*, fur tbs tern of ihe natural iiie of the salts J we longer, for and upon su\u00bfh ron to as \u00bfhe sai'.! Jit\u00bb*! ch-i rgree for or shell think tnoec ai:d convenient: And abo \u00a301 the raid Jsne \u00edrnap W.K to time, and ail times hereafter, during her un\u00ed! j! hie, xA \u00ab\u00a1ken sbesu-fU h*' so m!ad-':d,uoi-v;tksf.csnd.:ig her [; 5] c/A a if \u00bf :j were ::-b- and unwarned,. o ir-.\u00bf a: A lake uf'>n htr iAiAs vA \u00bfPe care, erdering, direction end vaan.'igeint.ni of thet N<grn slave-!, and nil oilier the perianal eslule herein before limited to ihe sad \u2018\u00a1\u00a1le.vel Seoann arid j/chn dtcamz., \u00bfheir executors, cA;A,ii\\traior.- a\u00a1.d c ?/> inns, in trust for the yds and separate ties of Vic .said feme <:-\u25a0 ujore-'-aid; and to receive, have, take and dispose of ihe f>r j, v (iriinigjrom ike same and every pari thereof either by the lac ,\u00a1\u00a1 \\ aire u/ulincrease of the Negro sLvas, increase of the \u00a1nock. of hurts b, black obit , sheep and. hog;, or mhsrvrisi', at her wife no 1 \u00a1>1< asure, Mid f.isuck raennsr [if'j at she Audi plots or riiip-fv vAhoi-. the < \u2022 \u00a1-.'\u00a1\u00a1rou!, inter-uv tiling, t-i'o \u2122i;p\u2018;os-:, kt o; biisdr.oice ol ike said I\u2019uuvAs Co;1tin, ner iiiV'nded \u2019 tsbar-d, any Untig heiviu helote contained to the eoa'rary1 i-HWJtnstasiding. Provi-Jud also, sad it is hereby furthtfr declared and agreed by all the said patties tu diese pr-;\u00ab sente, that is shall ars1 i s;s.i; be lav/\u00edul to asid for the* \u00bfrl;l Fiaiicis Govbin and the said J-m>, his mteud-.d wise, ac uv time during be;- natural lit.-, nelwiuisiaadmg het coverture, with the conaein of the said Samuel S^ann arid J .hn Citan a or the survivor of i besa, firu had in writing, atiesto' by three or avirc-. creditable witnesses, and if the said Samuel Swann and John Swann shall feodi of them he dead, then fur \u00bfbe said French Corbin and jane jlcais, imhoui such consent, by aay writing or writings by mein to be signed and sealed in ihe pretence of \u00bfbree t-r more uvclkable witnesses, and proved, the said Jane being first privately examined, touching her cons,-sre and ..grtt-ateni thereto, in dje form of law (tod &m cure/vAiv) to revoke, all or any of th*.- tec and uses, trusts, estates and limitations herein before limited and declared of or concerning the said \u00bfande., Negro [IS] >.!ut:o \u2022 <snd their increase, plate, hoatehoid goods, stocks of L\u00bbrs*-s, t'Ack cattle, shesp and hogs, herein bifoiv mentioned, and by t&e same ws king or writings, or by any other deed or deeds wgn*\\l, sealed, iseccted, attested aud proved as aforesaid, ( he said J\u00abnt- being first privately examined as aforesaid,] ab-.olnlchj to sell[\\9] and dispose of the said lands, Negro slaves \u00a1 plate lioid goods, stocks of horses, black cattle, slieip and l:cgs, cr tny of them, to such person or persons, to such uses, weens and purposes as they, the said Franck Corbin anti ihe said J -nc,, ibis intended wifr, shall lirail, \u00edktlare'or appoint; any \u00a1Fug bsr '\"ii b.fwo contained to the contrary notwithstanding : And l\\e vitd Fi nd;' Corbin and Jane I >n;3 do hereby severally covenant, prcffiii,;; and agree to and with th<\" \u00a1>\u00fad Samuel Swarm fci\u2019d John Sw.'iiU, their h i , x rutors and administrators, that the ->rd hod-, snd every of tu m r h their and every of their s \u00a1/hi it nance?, and Negro [-0] tluVr-% plate, Iv u sehold goods, erode? of horses, bhuk cattle, -ii. \u2022 p m\u00ed h.-gs and prt smses, and cil a-i l every of diem, s \u00a1all and m y he a si tun a 1.0.11 hen. e-7:h p'-acoahly and qu.v.iy hi Id md eijineu b\\ (in- raid S.m.-u-e] Swann and John bwana, and tv.-k- bens, ts-. cutois, and ad-r\u00famt;; .r: a*, '.ording to ilse ocvti \u00ed u\u00a1c,> s and .';r>and upon a .d trad -r the ce'-\u2019: ral lrut.re, and subject to the several provisos b before mentioned, limited, t rpi^ssed or dirt cted, touching and concerning the same; and tanher, thr.t they, the said F ; net 5 Corbin and Jane Innis, shall and will at all i.\u2019.ovr- here af-ta 7, upon the reasonable request o\u00ed the said Samuel Swarm and John Swann, trek\u201d, do or execute, or cause or procure to be rvdr, done arel executed, ail and every such further ar.d other lawful reasonable grants, acts and avia mocee In law whatso-e\u2019er lor the further, better and more pm feet fynoting and assar-:r.q of all and singular the said leads rdda *he uppmleaances and \u25a0Jit [21J Negro Naves, plate, Ljxsehf'ld \u00edyoods, stocks of horses, \u2019iUik rank, sheep and hogs and prenv-; and every of theta dove t-i \u2014 t\u00ed i, to a.;d for the several uses, intents and t.sr-m/h nod unu vr the t.usts and subject to die provisos herein ' ..-urc con aim ;1, according to tVte true intent and raeatm's-' of these pi-octnic, as by the said Samuel Swann and Joint Swann 0? rhe survivor of th-.m, the heirs, exatutora and ajlmkiiatiatoj-;; of such ,i)i vivor, fir their or ary 0? their counsel learned in th i \u00cd3W, chal\u00ed be reasonably devised or advised and required. And \u2022 \u2019\u2019n i: !\u2022'. agrt ed b\\ and be \u25a0 wren the said Francis Coibhi 3rd Are. Inn\u00fa\u00bb. thu in ras\u00bb> the a dd intended marriage shall taka cft'-ci, a.'.d (hat the said Jane shall run vivo the said Francis Cor-bin, t\u00edv.\u00ed citen ana in that ca r, the htbc, < xccutors, administrate, .v r.vul \u00bf\u00ab.igi s of the said F-anc\u00a1s Cot\u00ed.in shall out ot the other r r\u00edete r.dta'seever of the sata F .men, foot m these presents before tr-cr.tioaedj or out of pm Rid uihing tbettfrom pay to the tr.'d i\u00a1'r.;hj [:td\"j at d every year, die yearNy sum of one Jr -v \\ :r \u00bb\u25a0 \\l i\\zr:iiy pounds proa 'nir.y, being the yearly \u25a0\u00a1r'..r.\u2022, six pci'cent, of the oenra 01 iv:o thousand pounds like v - v i-Tow Crie ir.ucature \u00ed- i'i\u00edtev ' \u2022'Lner.eth, that the said 3J, lor at!*'! in conciaa'; id ib j said inti-cckd j ; , b: If;...*:.\u2022 :eir?. executoii; cud mi ir ,:i.r.sto- , . . , . f\u2018dj fi or\u00e9. i. ond grant >0 and vAN, the \u00bfaid Suvai~ . \u2019 j . i ' JJ.\u2019ri \u00bf\u2019v,.iL,.lr hen;, 1 recvlcre-ved<;<r, rdi.lr.y :\u25a0 i \u25a0>- -,j -e diet, .-1 intend\u201d!' s\u00bf\\ovi\u00ed-y' stv.H \u00ed:.,! e effect, .. vi J.;:ve chail uindv\u201d hiiu, 'he t-a.'l I\u2019ahk: Coi!..\u00ab\u00f1, i\u00b0>- it aid ra {list ewe th\u00ab heirs, ewe cutara, sdrA-Aii ...a-;, ?<v] a\u00edr.n-yw o( i\u2018is !',?'t..l Frinric Corbin ohrll out f>j x\u00a1te [_\u25a0;] olU \u00a1 e..totc vjk::t,\"i;:vcr of tvm-., th\u00bfmid Ftam:h Cotmt,m/d h <:c \u25a0sh'di cr ri'iv, d>c fo&wied* or m vny dine of Ida ti<:t:e<iae bo eu! \u2019Hr;, y, in f.ne\u00edis piunmo oe\u00abo>-r mrnuosud) orad cj'lhefrof'-f oil-id\">\" \u00a1jot ro t!>.; said Jane, vtasiy cm) .\u2018re\u2019\" v. ;>r , Wv.: yewrh . u a \u25a0/ ese hundred and twenty pound*., pn'>.VEW.;: raonsfy : Provided always and lastly, and ii is ht-i \u00ab xy.-ers \u2022*\u2019, dec\u00bb '\u00a1red mn i*vT*sftd to be the true intent and re>i.?.r.hi;? o\u00ed tb<\u00bbE \u25a0 \u2022p\\*,i-.nt8 and of tb< said parties, that the said \u00cdV*ro\u00bb 1 Garrea \u2022 \u00b6. \u00a1 John iawanfi, thci? heirr, orsecutors and admir.'.ou-iuor.. revi \u25a0 \u00bb Cifran shat; net, noi shall any o\u00ed there by virtue o- \u00bb!\u00bb\u00bb :\u2022* ' r->-: .aor snail they or either of them he ch\u00edrgtd u\u00a1 \u2022\u2022hup.r \u00a1le T\"\u00a1 the ree-ipir,, payments or acts cf the other -\u00a1vY:\u00bb re, L;\u00bf. \u25a0 re i Slietu \u00edor \u00abred with his own receipt: ;5 payment-' A .rev ,or-S'.- . r - sur? othtrti,:se; ir.or i.haH they or cithci o';-i- ,- ,v \u25a0 chaty-eable ttiili ;u,y loss or L.sbls ih'-.v rret-y l-t-pr.c n > , insulvetaey Y or bj the said Funds Ccr'/m ere rev, , hi ' : : V \u00ab. J o;l\u00ede, oi i. Ywr of \u00a1hem, or of or by cry cYrer pc; ; . s rere \\slv,;si.':t es-; And that- they the said Gsru.Y -ote... , JVv.s Gwanra, ih, Y heirs, executors aad adiAuA-nucu \u00a1Y - . \u2022 jy\u00fcl hvKA time to time out of die trust estates afores'f-i, -\u00a1 t; h ic is, chri'V.'- y damages and espenr.es which there or . \u25a0 ; 1 tile?\u00bb, their or either of their executors or adramiair.itors Y.Y |.\u2018-ay. bear c\u201d be put unto by virtue or vt&soa of the taw h-wbre in them re y o \u00a1reel, or the execution thereof or otherwise w. 'rel \u25a0, tarretij ; any (hiojc; heroin before cc:v-tis\u00fa, d to the conn ary ibrere ei r.j any wiso n^twUhsrmtyttng.\nIn witness v;l. rcoi, lA: said parties within mentioned, Y .\u2022 io these pr>\u2019Sentj. imwciisaa^i^ily se\u00edlhtir ha\"dr. and s-.y'. .. ,\u25a0\u2019 .\u00bb day and year first above writieu.\nUpon v-bi-i deed, this defvnd%nt*s count;ti f~\u00a1i, drvi \u00bbm the oh\u2019iiiii of Mr. Corbin, intestate-, his widow vcjc; not eut;-slod so tke increase of the negro slaves, bom \u00ediX'.e ihe-do\u00ed; \u00abC dccdj for by part 2, 3 and 4, the nt-yrots and \u00a1f.Ar hw \u00abr\u00ab\u2018% axe vested in the trasievs % part 3, io be hdd with thri; Acrwve, aud part aicoto these use?, vis. as to thr irecy-w riavc s, to |.'eniut her, part 10, to roccr.e ail the puif\u00ed s w-hr.r,, fcp fr.c negra sis.vus ticrisa'd; which, tv reiert-rr.-, ir.rird the negro slaves and their increase, either Irons tArr hl'cr, .\u2022 \u00ab'.uw.j or hire; and their profits bj \u00edncr-as-, Etcare.-. prciS c d--rived from or by means o\u00ed the labor or hire of tbs \u00a1raxuw-co tjouli be inconsistent to vest the increase In the trusses,; '-f i sublet of trust, and direct them to hold the iucK-L.-e ist tvu t> and. av tice s--mn time to make thitn a pan of her separate e.-.iax, and to give her power, by part 16, to take c-\u00abd dispe-e ri duns at h-tr will and pteasnr.-. Mcieavtf, she c r-o wear fonU-r\u00e9* \u2019ey part 19, may sell and dispose under restrictions there nsen\u00ediofe\u00bb ed, of the said negro slaves ; which, by reference, are the ne-groes' vested in the trustees \u2014 that is to say, both negroes and their increase. And how could it be necessary to give them jointly this power, if as to the increase, they are intended by the deed to be absolutely heirs i And here the term, said negroes, relates to the last antecedent, in part IS, where the wordj increase, and their power to revoke the uses concerning the said negroes and their increase, is expressly mentioned, and immediately afterwards it is added, and they may sell the said ne-groes.\nSecondly s They argued that this marriage settlement was to be considered as a bar to her claim of a distributive share of the estate \u00a9f F. Corbin, which belonged to him by this deed \u00bb and they cited 1 Fonb. 92. 2 Vern. 58. 4 Viner, 40. 2 Vern. 709. 1 P. W. 324. 3 Atk. 419. 1 Vez. 1. 1 P. W. 324. 2 Bro. Ch. 95, 394, and many other cases.\nThirdly : They argued, that she had under this deed, a provision made for her out ef his estate. In part \u00cd iv a lot, wharf, and island, are to be to her use after his death, for the term of h-r life; and that this made him a purchaser in tquity, of all the \u00ed -tate secured to him by the deed of a settlement j and he has also provided her with \u00a3. 120 per ann. to be paid to her for life, in case of her surviving turn, in part 22 s and they doubted whether his estate, being a trust estate, was subject to the act of distributions.\nB contra-\nShe is entitled under this deed to the increase, aS a part of her separate estate ; for the negroes1 and increase are mentioned in parts 1, 3 & 4, where the purposes of the deed and the passing of the property to the uustets, is provided for ; and in part 7, where the trustees are to hold the property ; yet ia part 10, the word, increase, is dropped as an antecedent, and made use of as a relative, she is to receive the profits of the negro slaves, by labor, hire or increase. And whj is the omission so carefully observed? Is it not btcause otherwise, profits by Increase, would have meant profits by increase of the negroes and increase ? Whereas the writer meant the increase themselves to go to her ? In part 12, where the trusts of the property, and particularly of the negroes vested in the trustees are stated, the term, \u00bfaerease, is also carefully omitted. They are to hold the negroes in trust, that so much of the saicl negroes, &c. Why is the term, increase, dropped here ? The answer is, because the increase were appropriated to her by part 10. in part 16, she is to take the direction and management of the negro slaves, and to take the profits arising from the same, by the labor, hire and increase of the negro slaves. Wbv is the term, increase, here omitted as the antecedent? And why is she directed to take and .repose c; thtfc prr\u00f1t?, by increase in such man!i*y as sise shs\u00f1l p ease and think fir \u00ed Here the exoression is, L\u00ed'rea&e o\u00ed\u2019 \u00fatv \u2018iL'igrv '-laves. l\u00ed\u2019 \u00edhe-ter\u00edu, proS g by increase, eoi\u00edlcl be cons\u00edra---.cl :n par;-: 10, to be some other increase than that of .-Wres,, is is i ;;re o\"-.i dired c.reacts vocally what is meant. It vcunoC be u~> Jc.'j-I otherwise than drat she is to dispose at her pieastue re r\u00e9v n.-^i children boro cfcrr t}iede<*dc\nimpart 1?, the trustees, aiuor her death, are to possess and :; .5J. tha negrn Awes for th- uses, &c\u00ab \u2014 -Why i\u00bb the word, ia-ererere r-ot Lire used? in u because by park JO ati-I Id, the 5b-rerere js given to the ferae.\nN J3, wiser? power is \u00a1rives: to her to dbno-.e by rdu, fh'-. tows, * -re-re r, is omitsed . p,>d j.; was properly sredtred, be\u00bb '.jlt.w a. i,.v tV. ire re-re, the rseded \u00a1rt? cue!*-Mi\u2019er, tiiai beiry dn-a *y --vetod in Let ly psrt 1<?\u00ab\nThe .'vovsbi. winds the ingenuity of coarse! have thrown upon this ns-*:doR, is produced byreffening the words, /.-re\u00edts by in* crere, f>\u25a0* i.V \u201d,7Crds, negroes and increase, menuc-ned iu 1,0, re-i re /\u00ed should be lesnembtsx\u2019d, that the last aatecedct.t is in psit 5:0, imisi.JLtt.Sy precedes the sNailse words,pnjsts b?j \u00bf\u00a1\u00a1ctreec, Tkeru is no irele better established tfcsm this j than .ve/ic rclf\u00a1<\u00bf adprexi\u00a1m:m mtecedeTis refucen\u00ed. if this m\u00ede be sp\u00ab .piled to the deed in queaskm, which seems to have beep, draw a with \u00edjacom-rtoa accuracy, it will dispel all the \u00e1o\u00fcbts which Lave ;\u2022 c-'-'r-' ?\u00bbk-d by referring the tosas to a remote \u00abtna-ecdf o' ; ior then, a\u00ab rl:;?iiy -as can be spoken in our language, she vuit Le KHiirifd to profit\", by increase of she negroes, and no one i.n.\u2019ore cistcsii-.v -will he.found in the whole deed j and every feat of the d/'C'J, resort: the word, increase, is used or omtfmd, will be fresre jdcie\u2019y reqNr\u00e9ored and accounted for.\nAs to icbt yiu-sEJon, whether she is barred of her distributive tihi-rv of tro property he acquire \u00cd under this deed, it is to be ic-w'srl'ed, tl-xt \u00abontcpcts in prospect of marriage, ase of various .drees: sornas estilo specific property! others, covenam \\a> yr \u2022; money, or setde property or money. With respect to those; which settle property specifically, some of them are in bat* of the fis.'nr.a claims of the wife ; and some of them operate as a purchaser .her fortune and future acquisitions. Such as operate in bar f\u00a3 her future claim.\"-, have \u2018\u00a1hat quality, not merely because ire y see -re! dements of property in p* aspect of marriage 3 nor indeed r\u00edo they derive any part of this quality from the consideration ti\u2019 \u00a1-I they are seH-sments of property between tfee husband wtl vp\u2019fi; 3 bu* solely and only from the consideras ion that tb\" p&nb.s Lave nrer-rer! dtsy shall be in bar oi heir future cLiras\u00bb And such .\u25a0'tircemfut must be evidenced either by the express terms oft \u00a1e 4-'01 that they shall be in bar, and of what fmure ch-imc psr-i-f* wthiog will bs barred unless Included widon tfce \u00ed xtent of the terms made use of: For instance, dower will uot be bane<l by a inarrir.ge settlement, when it ixcraes by the death \u2022-.f the husband, unless it be mentioned in the deed that the set-dement is to be its bar of her dourer, or unkss that meaning and ra\u00edeo\u00ed is to be fairly inferred from she terms nrw.de use of in the deed* In G. Do 2 yoL Chancery Dower, 3 E. it is laid down it em Equity Cases, 152, that a woman shall not be restrained fjo;a having her dower, v/hi-re the husband makes a setthment up- \u2022 \u00ab her in consideration cf die marriage portion, if it is not ex-\u00a1ti \u2022 r.ed to be in bar oi dower, and it does not appear to be < i-ptwcly intended. If a settlement by him oi Ids estate, in coiuN der.ilU'.ii of her portion, will not bar her, how much less will she A; barred when he settles nothing of hia own upon h-r, and gets !?y the settlement, half of her estate? & Atkins,' 3. 2 Verano,' 3S5, E. Ca. 213, 219, support the pilnciple, that she is not barred cf her dower, unless by an agreement cleatly expressed, ov plainly to be implied from the deed. The same principle cp-plies with equal force, and is equally well supported in regard to hsr claims upon the personal estate- \u2014 her distributive share lor instance ; it is not barred by a settlement unless agreed to be so, and that agreement sufficiently expressed. In 3 Bro. Ch. C. 3G2, h lease-hold' estate was settled previous to marriage upon the wife, in recompense and bar oi dower ; and jar a provision fer the wife, the husband had no real estate ; and the question was, whether this was a bar to the wife\u2019s claim of thuds; and L. Chancellor held it was not. Though mentioned to We for a prevision for the wife, yet not being expressed to be in lar of her thirds, the necessary agreement to render it a bar, did net appear. 2 Vernon, 725, 1 Aik. 439, 1 Vernon, 15, \u2018ate to this came effect. Another circumstance very material in the p\u00edesete oase, is, that there is no case to shew that a settlement of the wife\u2019s estate on her, or of part of her escale on her, has ever W-cut by construction, made to be a bar where there are not 'X-ptess words: 3 P\u00ab W. 199. P, Ch. S3. 2Vera. 53. 1 E. C. yO. There is no agreement expressed nor to be implied, from whet is expressed in the deed now before ns, for the purpose oi' hairing any claim of the wife, whatsoever: There is no s-ith thing hinted at i And if it be a true rule that she cannot be A'r-ted of her thirds, unless there be tin agreement for the puipcse, Ara we may conclude that she is not barred of bar third.-, a< moiety of his dying intestate.\nThen the next question will be, can he be considered as a y utchaser of her fortune and future Requisitions, under ihb \u00abNed ? A man by making- settlement on his wife, may placa himself in a situation to be considered in equity, as a purchaser of her property ; \u2014 but the\u00bb in the first place he must male the purchase by a settlement on her, of his property, not her own.-SrcoatHy; It must be agreed that \u00ab<? shall be conshseml as a, purcliMc-rt Thirdly ; tnertt must be such words isseii ?3 \u00a1;\u25a0(. H'ifS'-'u\u00ed\u00fa- to shew it. Fur tmotjort of the first polar, hi? died $. p. ff, 19S. la support of the second, he eked 3 Fonb\u00bb 62\u00a3, Ana bier, 692. 4 Viner, 40, P. Ch, 209. 1 Fonb. 310. 2 Verr*. CA 3 C. B. \u00a390 j a A husband ssulss, a jAdiwre suitable so the pshtlos yf his wife, which consists of enrosan ir\u00bb action, and the in-?\u2019'irifstnc.T sv>i tied,theUusbamd\u00ablies,h\u00ede szeculcr shall nothsve tho\u00ab\u00ab doble, or t\u00ed\u00bb.? Imherkancc, without a special Eigrceraeaf for that pur \u2022 \u00a1toss, th-ru ph th.e husband left not etlierabe assets for bis debts, \u20195 A-:i In supporc of the third point, mmr\u00fay% that such words ur<ia\u00bf be used in the deed as imply the property settled to be for her fortune, he cited 2 V\u00abz. $77. \u00ed E. C. A. 1/0,70, zs to say, thus ha mnlres it in considero,iicn of her fortune, or in lieu thereof, t Vernon,\u201c Vernon, 68, \u00a301. 3 P, W. -3;\", 3 P. Wo 6G5, 2 Atk\u201e 443. 3 Atk. 20. There is uo such, agreement here, ci-ther expressed os Implied ; and therefore he cannot bn eonHcJeirt o4 as a parchasen The settlement is not expressed to Le raude \u00ab? his estate, in consideration of her fortune, but fur an\u00fc az cost* 'i'd.eratien of a marriage, he. and for settling land, negree?, Etce : A estate of the said fane Innis\u00bb\n\"Wkh suspect to comxmaats to pay money; ks they he cot\u00ed-r\u00edante to pay after tbs death of the husband, sad as he leavso her t?s mush by will, os- to devolve upon her as her share, 5tl& a pet \u201e jbrmance or s-ifisfaction cs\u2019fhe conversant s S Atk..419o 3 Vc?u, '109. 1 Vezey, A 1 Ves. \u00a320. Shut if die convenient be perfore:.. dels In his life time, \\k 0 debt; and debts are to be paid first, and, ihs Gurplut; divided \u2014 -sad thaw she is to be paid, ssd to divide the surplus also ; 1 P. W. 324. 51 Juro. C. Ch. 63o S 3ro. Ch Gh, 384\u00bb 3 Him. C. Ch. 8\u00a3. Here is eo coves*snS for paysaeA of ruouay in she lifetime o\u00a3 the husband ; and the orij consider\u00bb, siten roscaiidaw, is whether there beany thing gives to her\u00eda ua= fiisftrticm of her claims. lie has covenanted indeed, after his deads, this his. executors shall pay her \u00cdSO per sesione, for her life. Is will not be pretended that this covenant vtss to bt: ?t.z a pinchase of or in bu? of her future claims. Et vas covenant\u00bb ed for the reasons sad considerations expressed as ths causee of tiizZ deed 5 and it has never been performed, for It is Ahaltted by the phrad'ngss to be in arrear; and it is hardly denied, that lie had nothing wherewith to pay >r %\u2022 and for one thing to be m \u00ab. tisTcdon of another, It mast be of equal value s 2 V. SF, 40\u00ae. .2-Verm. 4FS. 3 Bro. C- Ch.,\u00edC0. 2 Fonb. 883. \u00e9 V. jun. hi 1. It must be of the same mature \u201d, t V. \u00a321.. 1 P. C. S9\u00e9, 2 Foot. 32/. A.ndi It must be rouaiSy certain; 1 Y. \u00a331. 2 V. CS6. P. C\u00ed\u00ed. 384. 1 P. W. 403. *5 P. W. \u00a353, 616. t V. \u00cd26. 2/>t=\u201e 300. 3 P. W. 22'/., 1 P. W. 410,14th ed. The lot, wharf sud. do not answer this \u00bfcscripdoa; her iater^sS tfcsreia b*1 contingent, depending upon bus death before he A : .ft ;s a Izo for her life only ; whereas her moiety is fore - (t ; They are of thfferent are* ives; tor one; is realty, and the o.Iier personally \u00bf and tiu-y are oi very differ-:ot valuer\u00bb \u2014 -How a. t property to ibe vsiue f>f one hundred pounds, ever be p/s.-un-.-i to bo iu satis* iaetion of claims to uioperty for ten thousand ? She 5\". c.mitkd to the annuity, berau-e be has m itUer given sor kit bes j>.i\\ pto-perry equival-m rhej eto ; and she is es-TAd to he; dure h.u: ;,v.i share, bsrause there is nothing oves;., resting aside *.tv-. .v. ssr.r ibr an agreementthat the settlement should S'e its bar winch be has given oi his, in exchange for her cb-im*. Sls<* uevei h.vl any interest in the lot, wharf and island, because dUe sutviv*.d the husband.\nAs to tfce objection, that the hnobandV trust csitte i; not subject to the act oi limitations, a truot estate in personalties is as much subject to distribution on the death of the intestate o\u00abn.~ 4-\u00ed, as a legal estate in personalties is; 2 Fonb. 15. 2 Aik. 2GG, 299. 1 Vernon, 204. 1 P. W. 109. 1 Vez. 23A\nThe ca-.es cited on the other side, belong to distinct classes 2 Some of them are cases where the husband has been ccmbdered as f. purchaser, by making an equivalent settlement. Such are \u00ed Fonb. 92. 2 Vernon, 53. 4 Vine;*, 40. Pre. Ch. 209, 33, 312. 3 F. W. 199. These respect his claim oi that which ivas her\u2019s ; cot her claim as in the present case of that which was his ;' and are therefore inapplicable. Some are cures of satisfaction, where the question is, whether the wife\u2019s share shall be a discharge cf that which was covenanted? Gush are 2 Vern. v\"09. 1 P. V/. 324. 3 Aik. 419. 1 Vezey, 1. 2 Bro. C. Ch. 95, 394. Here it is contended that she is barred of her share ; not that it is a bar of any covenants he has made ; they are therefore equally map* ipiicable. Others again are cases of performance of covenants tor th-i payment of money to be made after the huab-su\u2019s death, xnd which are deemed to bepestomed by a share of tq*r-\u2019 value coming to the wife, ouch as Vezey, \u00bf20; but here they cc.mend that no share comes to her. Every case of purchase of her pet-t.on, s?.\u2018isiacflon or performance of covinamo most kc laid strict-} they are arranged 2 \u20ac. B. 2 IfL 10, 3 D. 2, The car.es r. Such oars be properly cited are those only which tend to | rove that a to; dement on the wife is of itself a bar of her claim to a d-isui-hutive share of her husband\u2019s estate : And \u00ab-.very ceae of that class will be found to stand upon this priocipie \u2014 *tha\u00ed tbe wiie has agreed to accept of the settlement in bar o\u00ed her t-l>are; and that such agreement is expressed u. sufilcleniiy implied in ih\u00fc deed of settlement. \u2014 -A settlement alone well re the hush-iiidV. ertat\u00e9 will not tar her. The case in 1 Atkins, 4-39, is ured \u25a0to be in bar; and the Lord Chancellor relied upqn line, .uhich. he ire?d not have dona, if the tclgL&isX of s\u00bbseli \\n.z \u00ab, i. -=. The cunte vem-\u2019s-b\" rpply to 2 Tornos, 72&~-=4 Yerso'i, 15 \u2014 \u00bf 7'v\u201e 55\u00bb The Lord foancrifor thought k wvfol be is No \u00abfo 7\u00ed 77- o'j ltd doiat ao vn km,y if the dtvd Iia.i .cid ifos.-i\" ,; v...; :v.w ;\u2019k i join-ar>\"\u201e r]:ne>uHsc principie prvu\u2019s in c; ws o\u00ed \u25a0cj'I &.i\u00ab. cenaos bo. bated, although there be a settlement iu-: tv\u2019 C'\u00ed'-I to be \u00aba !>\u00a1t \u2014 3 T* '.aow. 335 \u2014 E. \u20ac\u2022\u00bb A\u00bb fo\u00bbS \u2014 -3 Atfo 0-3.\".. r. E. C. Vfo.\njwlge 'Lock seem*:J to \u00ed.h\u00edv_ it tvas needless r.o co?ifoi;>v vfo<v td,\u00bf v rwfo. .'e-\u00ed\u00ede y'as OT.tb.ku ro\u00edbe \u00cd\u00a3str\u00a1\u2019e\u00ab.M ot\u2019xhj ib,.o;\u2022<\u2022*.\u00bb.% \u00a37; ib'* deed J\u00edwcis, \u00edbaf: rt hv d-vtls ahe may dispose o\" Lriy, &n ao.l the other half or remu,.m>ig pe.fi of the \u25a0\u2022/aid knee, Ne groa: and ether ihe pcruyml e:\u00a1c:e cfeiic said j-'he Isifo, to for iw\u00ed-1 and belief of the szid fowfo, foe. par? 14; r\u00bb<J :v\u00bb..-v fore fo she w*s eiiti:\u00a3'-c\u2018- to foe ina\u2019\u00bf?ee, bvfoat-s foe half winch a\",;.-. jfogfo; fiifaji. .s... oh by folk Src. tuat was a part of her personal estate, and Sxdotv-etl vaiv? ibh ckuse to \u00bfhe husband. lie z: c\u00edate. .cvfoifo at\u00f3-- w r/\u00abs vOTeu of her distributive share by the s-cvilfeancnh"
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