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/ssactsengr0856 and id is 1 raw text is: YATES V. MADDAN
Then, after eleven years had elapsed without James having executed the first
deed, the second deed was prepared, and he was made a party to it. Why was that
done, except because his execution was still felt to be necessary, in order to complete
the 'arrangement ? But he never executed that deed ; and, therefore, there is not the
slightest ground for the claim made by the Plaintiffs.
Bill dismissed with costs.
[613] YATES V. MADDAN. 4pril 24, 1849.
[S. C. reversed, 3 Mac. & G. 532; 42 E. R. 365 (with note).]
Annuity. Sterling or Currenc)/. Legacy. Will. Construction.
A testator domiciled in Jamaica gave to his son one clear annuity of £100 per
annum for and during his natural life, and should he die, a child him surviving,
I continue the same annuity for such child's use and benefit, to be paid to his or
her mother; the testator then gave two annuities of £100 sterling to two other
persons ; and bequeathed his residuary estate to his executors, in trust, amongst
other things, to pay the several legacies and annuities before given by him.
Held, that the annuities given to the son and his child were to be paid in Jamaica
currency and not in sterling; and that the child's annuity was a perpetual one.
Thomas Legal Yates, of Kingston in Jamaica, made his will, dated the 18th of July
1832, and thereby, after manumitting two of his slaves and bequeathing his plate and
library to his brothers, expressed himself as follows:-
I direct that all my just debts and funeral charges and expenses be fully paid
and satisfied by my executrixes and executors hereinafter named, or such of them as
shall qualify and act under this my will, as soon as conveniently can be after my
decease: and I hereby subject and make liable all my estate whatsoever and where-
soever to the payment thereof. I give, devise, and bequeath unto my son Edward
Cookson Yates, one clear annuity of £100 per annum for and during his natural life:
and, should he die, a child him surviving, I continue the same annuity for such child's
use and benefit, to be paid to his or her mother. I continue the charity which I
have been allowing Mrs. Catherine Griffiths, widow of the late William Griffiths, of
£100 sterling, payable quarterly in London; which annuity I direct to be paid and
continued quarterly during her natural life. I give and bequeath unto my sister,
Eliza Pellow Mowbray, £100 sterling per annum, for and during her natural life: I
give and bequeath unto each of my sisters, named Mary Ann Yates and Frances
Beckford Yates, the sum of £50 sterling per annum during their [614] respective
natural lives. It is my will and desire that my trustees and executors hereinafter
named, or such of them as shall qualify and act, do keep up and preserve the com-
plement of negroes now employed on His Majesty's navy yard, under contract, by
purchasing others in the room of such as may die or be discharged. All the rest,
residue and remainder of my estate, real, personal or mixed, whatsoever and where-
soever, I give, devise and bequeath the same to my wife, Dorothy Diana Yates, to
my daughter, Mary Ann Morier Yates, to my co-partner and friend James Cockburn,
to my friends James Minot and Barnaby Maddan, both of the city and parish of
Kingston, Esqrs., or such of them as shall qualify and act under this my will, and the
survivors and survivor of them, and the executors or administrators of the survivor,
upon trust to uphold and keep up my plantations and the complement of negroes now
employed at His Majesty's naval yard, by purchase of other negroes in room of such
as may happen to die or be discharged from His Majesty's naval yard: in the next
place, to pay, satisfy and discharge the several legacies and annuities hereinbefore given,
devised and bequeathed; and then to pay and apply the residue of such personal
estate; and all the real estate and the rents, issues and profits thereof, unto and
among my said wife, Dorothy Diana Yates, and my several children, named respectively
Mary Ann Morier Yates, Frances Beckford Yates, Elizabeth Proctor Swiney Yates,
Henrietta Brown Yates, Emily Yates, and Robert Clement Yates, equally, share and
1012
16 SIM. 613.](ViewImageLocal?handle=hein.slavery/ssactsengr0856&div=1&collection=&method=preview&ext=.png&size=3)