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![handle is hein.slavery/ssactsengr0848 and id is 1 raw text is: FORBES V. ADAMS
[462] FORBES V. ADAMS. Jan. 23, 1839.
[See Miller v. Collins [1896], 1 Ch. 592.]
Feme Coverte. Fine.
By a marriage settlement, a Jamaica estate was limited to trustees for a term of years,
in trust to raise £18,000 to be laid out in land, in Great Britain, of the value of
£600 a year; and the land, when purchased, was to be settled on the husband for
life, with remainder to the wife for life, with an option to her to have an annuity
of £600 a year, out of the land, in lieu of her life-estate. Before the £18,000 was
raised, the wife joined with her husband (both of them being resident in this
country) in mortgaging the Jamaica estate in fee : and the wife acknowledged the
mortgage deed before a magistrate, which, by the laws of Jamaica, was equivalent
to levying a fine. The husband afterwards died. Held, that the wife had barred
herself of all claim to the provision made for her by the settlement.
Charles Forbes, formerly of Jamaica but afterwards of Great Stanmore, Middlesex,
by the settlement on his marriage with Mary Clutterbuck, dated the 29th of August
1800, demised, to trustees, two plantations in Jamaica, for 1000 years, subject to a
proviso for cesser of the term in case he should in his lifetime, or his heirs, executors,
&c., should, within two years after his death, pay to the trustees £18,000 sterling,
with interest, if not paid in his lifetime, after the rate of £5 per cent. per annum,
from the day of his death : and the settlement declared that the trustees should stand
possessed of the £18,000 upon trust, with the consent of Forbes and his intended wife
or the survivor of them, if they or either of them should be then living, and after the
death of the survivor, then of the proper authority of the trustees, to invest the
£18,000, or so much thereof as should be necessary, in the purchase of freehold or
copyhold hereditaments, in fee-simple in possession, to be situate in Great Britain, of
the clear yearly value of £600, to be settled and assured to the use of C. Forbes, for
his life, and, after his decease, in case Mary Clutterbuck should survive him, to her
use for her life, or at her option signified by her, whether covert or sole, by some
writing under her hand and seal, to the use that she [463] and her assigns should, in
the event aforesaid, receive a clear annuity or rent-charge of £600 out of the heredi-
taments so to be purchased, in lieu or instead of her life interest therein, and with
a term of 100 years to be limited to trustees in such settlement to be named for that
purpose, and to commence from the day of the death of Charles Forbes, upon trust,
by the usual ways and means, for the further and better securing the payment of the
rent-charge, and subject to such provisoes and agreements as were usual in terms of
the like nature and created for the like purpose : which said life-estate so to be limited
to Mary Clutterbuck, upon the event of her surviving Charles Forbes, in the heredita-
ments so to be purchased as aforesaid, or the rent-charge of £600 so directed to be
charged upon and made payable thereout, should be for a jointure for Mary Clutter-
buck, and in bar of her dower or thirds at common law or by custom or otherwise,
which she might claim out of any manors, messuages, &c., which Charles Forbes was
or might be seized of or entitled unto, for any estate of inheritance, during the
intended coverture; and after the decease of the survivor of Charles Forbes and Mary
Clutterbuck, in case the hereditaments so to be purchased should, at the option of
Mary Clutterbuck, be limited to her for her life, expectant and to take effect as afore-
said, or in case the rent-charge of £600 should be limited in the event aforesaid, to
her for her life as aforesaid, then, after the decease of Charles Forbes (but subject to
such rent-charge and the arrears and remedies and term of years for better securing
the same) to the use of all the children of the marriage, equally, if more than one, as
tenants in common in tail, with cross-remainders between them in tail, and, if there
should be but one such child, then to the use of such only child in tail, and [464] with
the ultimate remainder to the use of Charles Forbes in fee : and it was thereby further
declared that, upon payment of the £18,000 and until an opportunity should offer for
investing it in the purchase of lands to be settled as aforesaid, it should be lawful for
9 SIX. 462.](ViewImageLocal?handle=hein.slavery/ssactsengr0848&div=1&collection=&method=preview&ext=.png&size=3)