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![handle is hein.slavery/ssactsengr0160 and id is 1 raw text is: GOODT1TLE V. OTWAY
The Defendant in this case had no concern in the relation between the Plaintiff
and his servant ; he dissolved it officiously, and to speak of his conduct in the mildest
terms, he was carried too far by his zeal for the recruiting service. If he had given
himself time to reflect upon what his own feelings [516] would have been, if he had
been in the situation of the master, I am persuaded that he not only would not have
solicited this negro boy to leave his master, but would not have accepted him if he
had voluntarily offered to enlist at the drum head. Upon the whole, therefore, we
are of opinion that the verdict is right, and that there ought not to be a new trial.
Rule discharged.
GOODTITLE, ON THE SEVERAL DEMISES OF HOLFORD, JERVOISE AND CAVE, BART.
against OTWAY. Friday, May 16th, 1795.
[See Harwood v. Oglander, 1801-03, 6 Ves. 219; 8 Ves. 106. Discussed,
Marston v. Roe, 1838, 8 Ad. & E. 58.]
A. by his will devised lands to B., and afterwards, upon his marriage conveyed them
by lease and release to trustees to other uses, with the usual limitations in marriage-
settlements. Parol evidence was not admissible to shew that A. meant his will to
remain in force, unrevoked by the subsequent conveyance (a).
This ejeetment which was brought under the direction of the Court of Chancery,
and was on this day tried at bar, arose from the following circumstances, which were
stated by Le Blanc, Serjt., who led for the Plaintiff, in his opening to the Jury.
The late Sir Thomas Cave, Bart. was seised in fee of the manors and estates of
Swinford and South Kilworth in the county of Leicester, subject to a mortgage for
14,5001. He was also seised in tail of the manor and estates of Stanford, &c. in the
same county, subject to two mortgages for 60001. and 50001. and an annuity of 14001.
to his mother Lady Cave, for life. Upon the 13th of December 1790, the following
paper was signed by the Earl of Harborough and him, Heads of an agreement
entered into between the Right Honourable the Earl of Harborough and Sir Thomas
Cave, Bart. respecting the intended marriage between the said Sir Thomas Cave and
Lady Lucy Sherrard, daughter of the said Earl of Harborough. The said Earl of
Harborough agrees that he will make such addition to Lady Lucy Sherrard's present
fortune as will make her marriage portion amount to 30,0001. and that the same shall
be paid and secured as under-mentioned, viz. that he will pay down upon the marriage
the sum of 20,0001. and will secure upon some adequate part of his real estate the
remaining 10,0001, to be paid upon the decease of him the said Earl of Harborough.
Sir Thomas Cave agrees on his part to apply a sufficient part of the fortune which
he receives upon the marriage in discharging the mortgage debt of 14,5001. which is
[517] owing to Sir Francis Drake, Bart. upon his estates at South Kilworth and
Swiuford, and to settle the said estates so as to secure to Lady Lucy Sherrard a
jointure thereout of 14001. per annum for her life, to commence from Sir T. Cave's
decease, clear of all deductions, and also to secure to Lady Lucy out of his Stanford
estate an additional jointure of 6001. per annum, to commence from the death of the
survivor of.Sir T. and Dame Sarah Cave his mother, clear of all deductions ; also to
make a provision out of the said estate at Stanford, for securing to the younger
children of the marriage the under-mentioned portions, viz. if only one, the sum of
15,0001. and if two or more the sum of 20,0001. in equal shares, and in case Lord
Harborough. pays down more than 19,0001. Sir T. Cave agrees to apply all the over-
plus towards discharging the incumbrance which is owing upon his Stanford estate to
Robert Gosling, Esq., and also agrees that the remainder of the said 30,0001. shall,
(a) [This case came a second time before the consideration of the Court, on the
question, whether the will was revoked (or rather annulled) by the deeds of lease and
release, when it was held that it was revoked. For the opinions of the Judges, see
3 Ves. 650, 682. 1 Bos. & Pul. 576. This judgment was afterwards affirmed on
error in K. B. 7 T. R. 399. For the decree in Chancery, which was afterwards affirmed
in the House of Lords, see 2 Ves. jun. 604, n. 3 Ves. 682, and 7 Br. Parl. Cas. title,
Wills. See also Mr. Serjt. Williams's note 1 Saund. 277 a. Parker v. Biscoe, 3 B.
Moore, 24.]
2 H. BL. 516.](ViewImageLocal?handle=hein.slavery/ssactsengr0160&div=1&collection=&method=preview&ext=.png&size=3)