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![handle is hein.slavery/ssactsengr0751 and id is 1 raw text is: MARTIN V. MARTIN
MARTIN v. MARTIN. BELL V. MARTIN. March 11, 1831.
After the marriage of a female ward a settlement is made, under the direction of the
Court, for the benefit of the wife and children of the marriage, of a moiety of a
plantation in Demerara, of which the wife was seized in fee at the time of the
marriage; the husband and wife afterwards mortgage the estate to persons having
full notice of the settlement; by the law of Demerara the settlement was a nullity,
and in no manner affected the rights and powers of the husband and wife over the
estate. Held, that the mortgage is valid, inasmuch as the equity of the wife and
children attaches only upon the person of the husband, and not upon the estate.
The Plaintiff, Maria Elizabeth Alleyne Martin, was entitled to considerable personal
estate, and to the fee simple of a moiety of a plantation in the colony of Demerara,
called New Orange Nassau, and also, in the event of her attaining twenty-one, and of
her brother dying under that age, to the fee simple of the other moiety of the same
plantation. She and her brother being both infants, a suit in their names, for the
protection of their persons and fortunes, was instituted by their next friend in the
Court of Chancery in England against all proper parties: pending that suit, the
female Plaintiff, before she or her [508] brother attained the age of twenty-one years,
intermarried, without the consent of the Court, with the Defendant Anthony Crosbie
Martin: and an order was made in the cause, referring it to Mr. Popham, then one
of the Masters of the Court, to approve of a proper settlement of her real and personal
estate upon her and her children. In pursuance of that order an indenture of settle-
ment, dated the 27th day of August 1802, and made between Anthony Crosbie Martin
and his wife of the one part and John Longden and David Milne of the other part,
was approved of by the Master, and duly executed. By this settlement Anthony
Crosbie Martin, in consideration of the marriage, bargained, sold, and assigned unto
John Longden and David Milne, their executors, administrators, and assigns, all those
the personal estate and effects therein described of Maria Elizabeth Alleyne Martin,
and all right, title, claim and demand, both at law and in equity, of him Anthony
Crosbie Martin, of, in, to, and out of the same and every part thereof, to hold
and enjoy the same unto and by John Longden and David Milne, their executors,
administrators and assigns, as and for their own proper monies and property ;
nevertheless upon trust, after raising a certain sum for the purposes therein-
mentioned, to lay out and invest the thereby assigned trust premises in Govern-
ment or real securities as therein-mentioned; and upon further trust, that John
Longden and David Milne, and the survivor of them and the executors and
administrators of such survivor, should, from time to time, during the joint lives
of Anthony Crosbie Martin and the Plaintiff his wife, pay the interest, dividends,
and annual produce of the trust monies, stocks, funds, and securities, and
every part thereof, as the same should from time to time become due and
payable, unto such person or persons, and for such intents and purposes [509]
as the wife, notwithstanding her marriage, should, by any note or writing
signed by her, direct or appoint; but so as not to deprive her of the intended
use or benefit thereof, by sale or mortgage or otherwise in the way of anticipation;
and, in default of such direction or appointment, that they should from time to time
pay the same into her proper hands, for her sole and separate use, notwithstanding
the marriage, free from the debts, intermeddling, contracts, or engagements of
Anthony Crosbie Martin; and her receipts were to be sufficient releases and
discharges for such dividends, interest, and annual produce : and in case she should
happen to survive her husband, and there should be one or more child or children of
Anthony C. Martin on the body of Maria Elizabeth Alleyne his wife, then, from and
immediately after the deceage of Anthony C. Martin, as to one moiety of the said
trust monies, stocks, funds, and securities, upon trust, that they, John Longden and
David Milne, or the survivors of them, or the executors or administrators of such
survivor, should assign, transfer, or pay the same unto Maria Elizabeth Alleyne
Martin for her absolute use and benefit; and after declaring, as to the other moiety,
certain trust for the benefit of the issue of the marriage, it was by the indenture
further agreed, that, in case there should be no child of the marriage, who should
487
2 RUSS. & M. 508.](ViewImageLocal?handle=hein.slavery/ssactsengr0751&div=1&collection=&method=preview&ext=.png&size=3)