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![handle is hein.slavery/ssactsengr0880 and id is 1 raw text is: Reports of CASES ADJUDGED in the HIGH COURT
OF CHANCERY by the Vice-Chancellor, Sir
JOHN STUART. By J. W. DE LONGUE-
VILLE GIFFARD, of the Inner Temple, Esqr.,
Barrister-at-Law. Vol. II. 1860, 1861. 1861.
[1] PROLE V. SOADY. Nov. 3, 4, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 21,
Dec. 10, 1859.
[Compromised on appeal, see Caton v. Caton, 1865, L. R. 1 Ch. 145.]
Bill by infants against the devisee of their grandfather, to establish a settlement of
real and personal estate alleged to have been made or promised on the marriage of
their parents. The Court, on parol evidence that the marriage had taken place on
the faith of representations made by the testator previously to the marriage, and
on evidence of representations made by him after the marriage, directed a settlement
in accordance with such representations, though the bill was not filed until seventeen
years afterwards.
This, bill was filed by the infant children of Charlotte Ruth Prole, deceased, against
the devisees under Dr. Dickson's will, and against their father and the trustees of an
alleged settlement made on the marriage of their mother, deceased, praying:
First, that it may be declared that the Plaintiffs, under the circumstances aforesaid,
are entitled to have the estate and property at Edrington, and the sum of 105,000
sicca rupees in the bill mentioned, now invested in India Transfer Loan stock, duly
settled pursuant to the agreement and representation of. the said Anthony Dickson,
the testator; and that the Defendants Soady may be decreed to do all such acts as are
necessary for the due settlement thereof, and that it may be declared that they are
trustees for that purpose, and may be decreed to deliver over the said documents.
Secondly, that it may be declared that, in respect of the [2] matters aforesaid, the
Plaintiffs are creditors on the real and personal estate of the said Anthony Dickson,
and that such relief may be given them as is consistent with their being such creditors ;
and that this, so far as it is necessary, and in particular in respect of the Plaintiffs'
interest in the said stock, may be taken as a suit on behalf of themselves and all other
the creditors of the said Anthony Dickson, and that for the purposes aforesaid all
proper directions may be given.
Thirdly, that the Plaintiffs' interest, whether under or against the said will and
codicil, may be duly secured, and all requisite directions given for that purpose.
The bill also prayed for an injunction to restrain the receipt of the rents, and from
dealing with the said property generally.
The bill alleged that Charlotte Ruth Prole was the daughter of Dr. Dickson, who
had resided in India, and in 1830 returned to Scotland, where he purchased the
Edrington estate; that in 1835 Dr. Dickson married his second wife; that about
1837 the Defendant, W. W. Prole, became acquainted with Dr. Dickson, which
acquaintance was renewed in 1839, when he met Dr. Dickson at Jersey, where he was
V.-C. xI.-1 1](ViewImageLocal?handle=hein.slavery/ssactsengr0880&div=1&collection=&method=preview&ext=.png&size=3)