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![handle is hein.slavery/ssactsengr0667 and id is 1 raw text is: VES. SEN. SUPP. 217.
payments and advancements were intended by Sir William in full satisfaction, as well
of the provision pretended to have been made for them by the deed, as of all other pro-
visions which he ever proposed for them, from the repeated declarations of Sir William
himself in several letters and otherwise, but also that the same was so received and
accepted by the plaintiffs, and from the value of the same, and the manner in which it
was from time to time made; and that Sir William apprehended himself at liberty
to revoke the deed at all times thereafter, and to provide for them otherwise ; and
that he, therefore, would never have made so large a provision as he did for them, if
he had not intended to do so: for which reasons the Defendant insisted, that in
accepting the provision so made for them, they accepted it upon the terms and condi-
tions upon which it appeared to have been made, viz. as the only provision they were
ever to accept from him. And she further insisted, that by never claiming the benefit
of the deed in Sir William's lifetime (though they were both of age long before he died)
they acquiesced and relinquished all right and title, which (if any) they might other-
wise have been entitled to.
The Defendant hoped if such pretended deed should appear to be any way defective,
or void, in point of Law, either for want of an attornment thereto, by the tenant, or
by reason of its not being recorded in the Registrar's office, or for any other reason,
she should not be prejudiced by her ignorance of the laws and customs of St. Christo-
[217]-pher; but should have the full benefit of all advantages arising from such
defects, as fully as if she had pleaded the same, in bar to the Plaintiff's setting up, or
insisting upon the said pretended deed. R. L.
The Court, after declaring that the Plaintiff William, in his own right, and the
plaintiffs William and J. J. as executors of John, were entitled to satisfaction for the
plantation, and the negroes, &c., comprised in the deed, from the time of the death of
William, according to the directions after-mentioned, directed the Master to enquire
into, and settle, what was the value of the plantation in sterling money, to be sold
when Mr. G. M. recovered the said plantation, &c. ; and that the Defendants, the
executors of Sir William, should be charged in such account with such value; and the
Master was to compute interest at £4 per cent. from the death of Sir William, for the
sum that should be so settled for such value ; and he was likewise to take an account
of such of the negroes, slaves, horses, cattle, coppers, stills, and mill, granted by the
deed, as were in being at the time of the death of Sir William, or were sold or disposed
of by him during his lifetime, and for what sum the same were so sold or disposed of ;
and of the value of such of them as were converted to the use of Sir William, in his
life-time ; and the Master was in such account to charge the Defendant with the value
of such of the negroes, &c., as were in being at the death of Sir William, as the same
stood at the time of his death ; and also of such of them as were [218] converted to his
use in his life-time, as the same then stood ; and also with the price or value for which
any of them were sold or disposed of in his life-time. He was also to take an account
of the offspring and increase of the said negroes, horses, and cattle ; and whether any
of such offspring and increase were in being at the time of his death, or were sold or
disposed of by him in his life-time ; and the Defendants were to stand charged with the
value of such offspring and increase as were in being at the time of Sir William's death,
or were sold or disposed of by him in his life-time. And the Defendants were to pay
to the plaintiffs what should be found due upon the balance of such account. The
Court reserved the consideration of interest as to the account of the negroes, and other
specific things, and of the offspring and increase of the negroes and cattle, till after
the Master's Report. Beg. Lib. Vernon v. Vernon, cited p. 513, is in 1 Bro. P. C.
267, octavo edit.
I. 517.-GRiGBY versus Cox, July 24, 1750. (Reg. Lib. 1749, A. fol. 647.)-Vide
Allen v. Papworth, 1 Ves. 163, et antea (88). In the principal case the wife averred
by her answer, that she executed the deeds by the compulsion and threats of her
husband, and for fear that she should lose her life if she refused. R. L.
Lord Thurlow observed upon this case in Hulme v. Tenant, 1 Bro. 17, that the
report of it by Mr. Vesey was defective, inasmuch as it did not state the trust. Upon
consulting the Reg. Book, however, it appears that the Report in this respect is sub-
stantially correct.
[219] Thayer v. Could, mentioned at the end of the case, page 519, is in 1 Atk.
615, and Reg. Lib. 1739, B. fol. 152.
505
GRIGBY V. COX](ViewImageLocal?handle=hein.slavery/ssactsengr0667&div=1&collection=&method=preview&ext=.png&size=3)