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![handle is hein.slavery/ssactsengr0141 and id is 1 raw text is: ISRAELL V. RODON (1) [1837]
estate: they think moreover that in reversing the judgment of the Provincial
Court of Appeal, they ought to give the Appellant the costs of the proceedings in
the Court below as well as here.
[Mew's Dig. tit. WILL, IX. CONSTRUCTION, k. Bequests and Devises, 17
Charge of Legacies.]
ON APPEAL FROM THE COURT OF CHANCERY OF JAMAICA.
ROWLAND ISRAELL,-Appellant; ANNA WOOLLERY RODON,-Respondent*
I [November 30, 1837].
Injunction obtained by the cestui que trust of a moiety of the produce of certain
plantations and estates in Jamaica, prohibiting the attorney and manager,
who was also one of the trustees for the same moiety, from shipping or
consigning any portion of the produce, save as such cestui que trust should
direct: dissolved on appeal.
This was an Appeal from an order of injunction of the Court of Chancery of
Jamaica, against the Appellant and one Henry L. Carrigues, restraining them from
shipping or otherwise consigning to Great Britain or elsewhere, any of the produce
then upon the trust premises and property in the bill and affidavit
particularly mentioned, or thereafter to be manufac-[44]-tured upon the trust
premises, otherwise than as directed by the Respondent.
Henry Rodon, the late husband of the Respondent, Anna Woollery Rodon, was
tenant in common, in fee simple, with his brother, Francis Rodon, of two sugar
plantations, called Frankfield and Crawle River, situate in the parish of Clarendon
in the Island of Jamaica. Previous to the year 1834, he resided in England, and
carried on business in London as a partner in the house of Mitchell and Co., West
India merchants, to whom the produce of the estates were consigned, and by whom
the requisite supplies were furnished.
The Appellant, Rowland Israell, was the acting attorney for the management of
the whole of the Frankfield and Crawle River estates, and became subsequently one
of the trustees, having the legal estate in Henry Rodon's moiety.
In the year 1834, Henry Rodon went to reside in Jamaica, and being about to
be married to the Respondent, then Anna Woollery Lord, spinster, a settlement was
executed, bearing date the 1st of May 1834, between himself and the Respondent,
of the first and second parts, William Lord, the Respondent's father, of the third
part, and the Appellant, Rowland Israell, Henry L. Carrigues, and Samuel Rennalls,
trustees, of the fourth part, by which the undivided moiety of the above plantations,
together with the slaves, implements, and appurtenances thereon, and the dividends
and interest of the compensation monies to be granted in respect thereof, were
settled and assured to the said Henry Rodon, for life, remainder to the Respondent
for her life, for her sole and separate use, with provision for her separate enjoyment
in case of the [45] bankruptcy or insolvency of her present or any future husband;
remainder to the children of the marriage, if more than one, in such shares and
proportions as Henry Rodon should, by Deed or Will, appoint, with a general power
of appointment, in default of issue, to Henry Rodon by Will, with the ultimate re-
mainder to his own right heirs. The settlement contained powers of sale and
exchange, and for the appointment of new trustees, but no provisions for the main-
tenance and education of the issue, if any, of the marriage.
The marriage took place on the day of the date of the settlement.
On the 6th February 1835, Henry Rodon died, leaving his wife enceinte. By
this event she became, under the terms of the settlement, entitled to the rents and
* Present: Lord Brougham, Mr. Baron Parke, Mr. Justice Bosanquet, and the
Chief Judge of the Court of Bankruptcy [Sir Thomas Erskine].
919
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