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Beckett v. Harden Eng. Rep. 735 (1378-1865)

handle is hein.slavery/ssactsengr0047 and id is 1 raw text is: REPORTS of CASES ARGUED and DETERMINED
in the COURT of KING'S BENCH. By GEORGE
MAULE and WILLIAM SELWYN, Esqrs. of
Lincoln's Inn, Barristers at Law.                 Vol. IV.      Con-
taining the Cases of Easter, Trinity, Michaelmas,
and Hilary Terms, in the 55th and 56th Years
of GEORGE III. 1815, 1816.
[1] CASES ARGUED AND DETERMINED IN THE COURT OF KING'S BENCH, IN
EASTER TERM, IN THE FIFTY-FIFTH YEAR OF THE REIGN OF GEORGE III.
BECKETT AND ANOTHER, Assignees of Mary Gould, Widow, a Bankrupt, against
HARDEN AND ANOTHER (a). 1815. Devise to J. B. of all his plantations, lands,
tenements, negroes, slaves, cattle plantations, stock, utensils, and hereditaments
in the island of St. Kitts, to hold to J. B., his heirs, executors, &c., according to
the nature and quality thereof, to the use that W. B. should have one clear
annuity or rent-charge of 1501. for his life, to be issuing out of said plantations,
&c., and subject to and chargeable as aforesaid to the use of J. B., his heirs,
executors, &c. according to the nature and quality of the premises. Codicil,
reciting the death of W. B. devised the said annuity to trustees in trust for M. G.
for life, to be raised out of his said plantations and estates, and paid in same
manner and with like remedies as directed in favour of W. B. Second codicil
revoked that part of first in which he had given to M. G. 1501. per ann., and
instead thereof he gave 201. per ann. to M. G. for life. Third codicil revoked
that part of will in which he devised to J. B. all his estate and property in St.
Kitts, and declared the same void, and gave and bequeathed the said property to
J. P. in fee. Held that the annuity given .to M. G. by the 1st codicil was not
revoked by the last codicil, nor reduced by the 2d codicil, the 2d codicil not
being executed according to the Statute of Frauds, which is in force in the said
island of St. Christopher.
[Distinguished, Daly v. Daly, 1845, 2 Jo. & Lat. 761. Referred to, Cleoburey v.
Beckett, 1851, 14 Beav. 589.]
Thomas Lucas Wheeler, being seised in fee of certain estates and plantations in
the island of St. Christopher, by his will, dated the 1st of February [2] 1786, duly
executed to pass freehold estates, devised to John Beach all and singular his planta-
tions, lands, tenements, negroes, slaves, cattle plantations, stock, utensils, and heredit-
aments, with their and every of their appurtenants, in the island of St. Christopher,
to hold the same to the said J. Beach, his heirs, executors, administrators, and assigns
respectively, according to the nature and quality thereof, to the use and intent that
Win. Beach, brother of the said J. Beach, and his assigns, should have and take one
clear annuity or yearly rent of 1501. for and during the term of his natural life, to be
issuing and going out of and charged upon the said plantations, lands, tenements,
bereditaments, and premises in the said island of St. Christopher, and every or any
(a) This case was argued at Serjeants' Inn before last Hilary term.
735

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