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![handle is hein.slavery/ssactsengr0657 and id is 1 raw text is: SPRAAGE V. STONE
equally to be divided between them, share and share alike, with benefit of survivorship, in
case of the death of any without issue, with remainder, in case they should all die without
issue, to his nephew George Spraage and his heirs, he paying thereout £500 to Ann
Curtis. All his personal estate, whatsoever the same may consist of in the Island, he
gave to Jane Stone, to be disposed of in such manner as she should think proper; and
appointed Jane Stone and two other persons executors ; Jane Stone to act solely in the
executorship during her life.
Robert Spraage, soon after making his will, embarked for and arrived in England
the latter end of the year 1764.
In 1765, Robert Spraage married Jane Veal, by whom he had issue Robert Wadham
Spraage.
Robert Spraage afterwards made another will, dated Rich-[722]-mond, 10th October
1766, in his own hand-writing, but not attested by three witnesses; by which he expressed
his will and desire to be, that whatever he should be possessed of at the time of his death,
should solely devolve to and be enjoyed by his beloved wife Jane Spraage, in trust for
his son Robert Wadham Spraage, born of her body.
Robert Spraage died 2d January 1767, and Jane Spraage his widow obtained admin-
istration with the will annexed in the Prerogative Court of Canterbury, and also in
Jamaica.
Jane Stone being appointed by Robert Spraage, upon his leaving Jamaica, his attorney
to manage his estates, and affairs there, and being in possession thereof in 1768, a bill
was filed in the Court of Chancery in Jamaica against her by Robert Wadham Spraage the
infant, praying an account and possession of the real and personal estate of his late
father, insisting that the subsequent marriage, and having a child, together with the
subsequent will, though not attested by three witnesses, were a revocation of the first will.
Jane Stone put in her answer, and insisted on the benefit of the first will.
The cause coming on to be heard on the 20th August 1770, the Court decreed, That
the marriage of Robert Spraage with Jane Veale, and the birth of their son, together
with the subsequent will made in England, were and are an implied revocation of the
first will made in Jamaica, so far as relates to the personal estate and slaves, whereof
Robert Spraage died seised or possessed : And further decreed, That the said first will
should be and stand revoked in so far as respects his personal estate and slaves, and
that the second will should be established and stand valid in law, so as to pass such
personal estate and slaves; and directed the consequential account: And further
decreed, That the said first will should be established so as to pass the real estate of
Robert Spraage.
From so much of the decree as concerns the personal estate, and declares the first
will in respect thereof to be revoked, Jane Stone appealed to the King in Council.
And [7231 from so much of the decree as established the first will, with respect to the
real estate, the infant Robert Wadham Spraage appealed.
On the 27th March 1773, the causes came on to be heard before Sir William De
Grey, Chief Justice of the C. B., Sir John Eardley Wilmot, late Chief Justice of the C. B.,
Sir Thomas Parker, late Chief Baron of the Court of Exchequer, and other Lords of the
Committee; when they decreed, that so much of the decree of the Court of Chancery of
the island of Jamaica of 20th of August 1.770, as established the will of Robert Spraage
deceased, of 6th June 1764, with respect to the real estate, and declared Jane Stone to
be entitled to the real estate under the same, should be reversed; and declared, that the
subsequent marriage of the said Robert Spraage deceased, and the birth of a son of such
marriage, were in point of law an implied revocation of the will of 6th June 1764, and
that such real estate descended to the appellant Robert Wadham Spraage the infant,
as his only son and heir at law, subject to the dower of the widow of the said Robert
Spraage deceased; and directed that the possession of the said real estate should be
forthwith delivered up by the respondent Jane Stone, to the surviving guardian of the
said Robert Wadhaa Spraage, or to any other guardian to be appointed by the Court,
for the use of the infant, subject to the said dower ; and that Jane Stone should account
for the rents and profits thereof accrued since the death of Robert Spraage, and to
pay what should be found due on such account to the guardian, for the use of the son,
but subject to the right of the mother of the infant to one third part thereof for her
dower. And that all deeds and writings relating to the said estate should be delivered
up to the guardian in trust for the son; and directed that the costs, so far as relates to
the said estates, should be paid out of the real estates.
AI B. 722.](ViewImageLocal?handle=hein.slavery/ssactsengr0657&div=1&collection=&method=preview&ext=.png&size=3)