HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.slavery/ssactsengr0347 and id is 1 raw text is: BUTLER V. DOLBEN
she had a separate estate [265] of 451. a year, but said her father's executrix would
not pay her any of the income of it. The husband's counsel offered to read his
affidavit as to the value of his income in contradiction to the allegation, but I was of
opinion the affidavit could not be read, and admitted the allegation, and condemned
him to pay her costs, but decreed nothing as to alimony till the proofs were before
the court.
BUTLER against DOLBEN, CALLING HERSELF BUTLER. Arches Court, Trinity Term,
June 14th, 1756.-Joint letters of request from the Chancellor of London and
the Commissary of Buckinghamshire, accepted quatenus.
[See further, pp. 312 and 319, post.]
Mr. Butler, son of John Butler, of Warminghurst Park, in Sussex, Esq., a mipor,
aged about eighteen, was married (as suggested) to Mrs. Dolben, in parts beyond the
sea; the father being desirous to annul the marriage, and it being doubtful whether
she was to be deemed a resident of the commissaryship of Bucks in the diocese of
Lincoln, where she lived, or of the diocese of London, she being actually at this time
a prisoner in the Fleet, by a commitment of the Lord Chancellor, for marrying a ward
of that Court: Mr. Butler obtained joint letters of request from Dr. Simpson, Chan-
cellor of London, and Dr. Bettesworth, Commissary of Bucks, praying the Court of
Arches to take cognizance of the cause, and to cite her to answer in a cause of jactita-
tion of marriage to John Butler, the father, and natural guardian of the minor. The
cause being new in two points, first, as to the letters of request being granted jointly
by two judges; and, secondly, as Mr. Butler sued in his own right, as father and
guardian by nature, and not as guardian elected by the minor, and assigned [266]
by the Court, I would not decree a citation but in open court, where I took notice of
the novelties in this case, and accepted the letters of request, quatenus only, which I
directed to be taken down in acts, and decreed a citation as prayed, but declared I
should be ready to hear any objections the defendant, when she appeared, would
make to the citation, and the jurisdiction of the Court as founded on these joint
letters of request.
WRIGHT against RUTHERFORD AND OTHERS. Prerogative Court, 1st Session, Trinity
Term, June 16th, 1756.-The want of interest may be objected to at any time
in !a cause, especially before issue joined.-By the laws of Barbadoes, negroes
belonging to a plantation are glebe adscriptitii.
[See on another point, 292, post.]
Dr. Hay for Jane NV right. John Price, deceased, left Jane Wright, widow,
formerly the wife of Robert Wright, his sister of the whole blood, and Martha
Rutherford, his sister, of the half blood, made his will 7th March, 1734, attested by
three witnesses, gave thereby his plantations in Barbadoes, with all his negroes
thereon, without impeachment of waste, to his sister, Jane Wright, then the wife of
Robert Wright, remainder to said Robert for life, remainder to their issue male,
remainder to their issue female, remainder to his own right heirs for ever, and made
Jane Wright executrix. On 13th February, 1743, he made and duly executed
another will, whereby he revokes all former wills, and leaves his plantations and
all the rest of his estate, real and personal, to trustees, for the sole use of Jane
Wright, during her coverture, exclusive of her husband, and after the death of her
husband, (267] gives the remainder to her and her heirs for ever, and appointed the
trustees. John Brinsden and John Dighton, *executors. The testator died
23d February, 1756. Robert Wright died before him, and left only one child by his
said wife, viz. Charlotte Tyrrell, widow, a minor. Jane Wright entered a caveat.
The executors appeared and renounced probate. Tyrrell appeared by her guardian
to set up the first and oppose the last will. The question now is, whether Tyrrell has
any interest under the first will to oppose the last will in this Court with respect to
the personal estate. She has no interest by the first will in the personal estate, but
has only a -reversionary interest in the plantations at Barbadoes, and the negroes
thereon, which by the laws of that island are all real estate. The Act of Assembly
of Barbadoes in November, 1668, declares negroes belonging to a plantation to be
real estate, and that is confirmed by another act in 1672, which declares that negroes
shall be personal estate for payment of debts, but not to any other purpose.
Dr. Bettesworth, for Tyrrell. It is not alleged that those acts of Assembly have
336
2 IXE , 265.](ViewImageLocal?handle=hein.slavery/ssactsengr0347&div=1&collection=&method=preview&ext=.png&size=3)