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![handle is hein.slavery/ssactsengr0144 and id is 1 raw text is: NICOL 'V. ASKEW [1837]
as the personal representative of Ann, Dubocq), what sum of money will represent
the interest of the testatrix, Victoire M. T. E. Dubocq, in the slaves, cattle, mules,
and other personal estate and effects belonging to the estate of Point Mu-[87]-latre
at the time of her death; and let the said Charles Leatham pay the amount of the
sum which the Master may find as representing such interest out of the assets of
Elizabeth Genet, remaining in his hands after such payments as aforesaid.
Declare that this Decree is without prejudice to any rights which the Respon-
dent Peter Letang, as the personal representative of Ann Dubocq, and in her right,
has or may be enabled to substantiate under the Will of Pierre Dubocq, dated the 1st
of July 1805, and a Codicil thereto, dated the 23rd of May 1809 (in. the pleadings
mentioned and alleged to have been made), or under the Will of the 2nd of July
1812, and the Codicil thereto of the 30th of July 1814; or under all or any or either
of them as against the said Appellants; and the parties claiming under the Will of
the testatrix Victoire M. T. E. Dubocq, in respect of the share and interest of the
testatrix in the estate of Point Mulatre, and the slaves and other personal estate and
effects on the estate also, without prejudice to any steps which any of the parties to
this suit claiming as the next of kin of Victoire M. T. E. Dubocq may be advised to
adopt.
Each party to pay his own, costs of the proceedings in the Court of Chancery at
Dominica, and of this Appeal; with liberty to the Master to make a separate report,
or state special circumstances, and with liberty to the parties to apply.
[Mews' Dig. tit. FRAUD AND MISREPRESENTATION, I. WHAT AMOUNTS TO, 8. c. ii.
a.; also tit. PRACTICE, A. xiii., JUDGMENTS AND ORDERS, a. Entry, drawing up
and service, i. By Consent. As to decree by consent binding parties (2 Moo.
P.C. 84), cf. Stannard v. Harrison, 1871, 19 W.R. 811, and Seton on Decrees,
5th ed. 111-112.]
[88] ON APPEAL FROM THE COURT OF ORDINARY IN JAMAICA.
JOHN NICOL,-Appellant; SARAH ASKEW,-Respondent* [Dec. 1 and 4, 1837].
Probate of a testamentary paper in the nature of a Codicil, having been granted
by consent in common form, cannot afterwards be revoked, on the allegation
that the conditions on which such consent was given have not been complied
with, there being no proof of fraud or circumvention practised either upon
the Court or the parties.
John Lewis, the testator, who was an illiterate man, but possessed of consider-
able property, died at Kingston in Jamaica, on the 2nd of October 1828, leaving
three children, one son, James Lewis, and two daughters, Sarah, the Respondent, the
wife of George Watson Askew, and Elizabeth Lewis, afterwards the wife of John
Nicol, the Appellant, him surviving. He left a Will, duly executed and attested,
bearing date the 4th of June 1817, by which he bequeathed the whole of his property,
real and personal, to his three children, after the death of his wife, in nearly equal
proportions; and appointed his wife (who died in his lifetime) sole executrix
thereof.
Shortly after his death a paper or memorandum was found in his own hand-
writing in the following form:-
Memardom-I to my Daughter Elizabeth Lewis all the Munnes I have in the
funds, for Shee and her aiers to draw the Interes for ever. I lave to my Daughter
Mrs. Sarah Askew the sum of One thousen pounds Steirling. To my Grandson,
John Lewis, £2000 Sterg., the Interes of the Mune to pay for is education, [89] and
at the age of 21 to rece the wole with my Silver Plate.
There being no personal representative under the Will, and considerable diffi-
culties having arisen respecting the c6nstruction, as well as the validity of this
* Present: Lord Brougham, Mr. Justice Bosanquet, the Chief Judge of the Court
of Bankruptcy [Sir Thomas Erskine], and the Right Hon. Sir Herbert Jenner.
936
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