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![handle is hein.slavery/ssactsengr0698 and id is 1 raw text is: LEGARD V. JOHNSON
[352] LEGARD V. JOHNSON. Feb. 27th, March 1st and 2d, May 12th, 1797.
[See Jones v. Waite, 1839, 7 Scott, 336'; Frampton v. Frampton, 1841, 4 Beav. 294;
Wilson v. Wilson, 1845, 14 Sim. 416; McGregor v. McGregor, 1888, 20 Q. B. D.
533.]
The Spiritual Court has exclusive cognizance of the rights and duties arising from the
state of marriage ; a Court of Equity therefore has no jurisdiction upon a contract
for separation between husband and wife simply ; much less, where it will affect a
purchaser or creditor : but the jurisdiction holds in special cases ; as where a third
party covenants to indemnify the husband against the wife's debts ; or a fortune
accruei to the wife after separation ; or the property is the subject of a trust.
By a settlement previous to the marriage of Anthony Hodges and Anna Sophia
Aston, dated the 15th of June 1782, Henry Aston, father of Anna Sophia, charged
certain manors and hereditaments with the sum of £4000 for her marriage portion ;
and directed that sum to be raised immediately after the marriage, and paid to Sir John
Legard and Henry Hervey Aston for the purposes after mentioned ; and in consideration
of the marriage and the said portion Anthony Hodges covenanted, that he would after
the end of three years from the solemnization of the said marriage set apart and
appropriate as a fund towards raising the sum of £10,000, one-third part of the clear
yearly or other rents, issues, profits and proceeds, arising from the several estates and
plantations, to which the said Anthony Hodges was entitled within the counties of
Oxford and Berks, and in the several islands of St. Christopher's and Montserrat, and
would yearly pay the same to Sir John Legard and Henry Hervey Aston or the survivor,
his executors, &c., until the said sum of £10,000 should be paid; and if Anthony Hodges
should die, before the said £10,000 should be paid, leaving the said Anna Sophia or any
daughter or daughters, younger son or sons, of the said marriage then living, then the
heirs, executors, or administrators of Anthony Hodges should within two years after his
death pay to Sir John Legard and Henry Hervey Aston or the survivor, &c., the said sum
of £10,000, or so much as should remain unpaid, with interest at 5 per cent. from the
day of his death, upon the trusts after mentioned ; and it was declared, that the
trustees should stand possessed of and interested in the said severalsums of £4000 and
£10,000, or such part thereof as should from time to time be paid into their hands, upon
trust to invest the said sums in real or Government securities, and to pay and apply
the yearly interest, dividends and proceeds thereof to Anthony Hodges and his assigns
for his life ; and after his decease, upon trust among other things to pay to Anna
Sophia Hodges and her assigns for her life an annuity of £500 as a jointure and in lieu of
dower; and subject thereto in trust for the daughters and younger sons of the marriage,
as therein mentioned ; and in default of such issue in trust for Anthony Hodges, his
executors, administrators, and assigns.
[353] By indentures, dated the 7th of April 1784, Anthony Hodges demised,
bargained, sold and assured, to Godschall Johnson and William Turner, their executors,
administrators and assigns, all and every the freehold and copyhold messuages or
dwelling-houses, lands, tenements and hereditaments, of Anthony Hodges situate at
Bolney and other places in the counties of Oxford and Berks, and also all and every
his plantations, dwelling-houses, boiling-houses, &c., buildings, lands, tenements and
hereditaments, with the appurtenances in the islands of St. Christopher's and Mont-
serrat, and also all and every the negroes, horses, mares, mules and other cattle and
quick stock, as also the mills, stills, coppers, plantation utensils and other dead stock,
upon trust, that they or the survivor, his executors, &c., should demise, set or let, and
receive the rents, issues and profits, of all and every the freehold and copyhold messuages,
lands, tenements, hereditaments and premises, in the counties of Oxford and Berks,
and should cause the said several plantations and appurtenances and other stock
and effects within the said islands to be managed, used and employed, so that the best
and greatest rents and yearly returns and proceeds might be made from the said several
estates and effects and premises ; and upon the trust, that they should pay the rents,
issues, profits, proceeds and produce, arising or which should be received or made
from the said several estates and plantations or for or in respect of the crops thereof
for the year 1783 to Anthony Hodges, or such person or persons as he should appoint';
and afterwards should stand possessed of and interested in all and every other the
1049
3 VES. JUN. 352.](ViewImageLocal?handle=hein.slavery/ssactsengr0698&div=1&collection=&method=preview&ext=.png&size=3)