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William Neves and James C. Neves, Appellants, v. William F. Scott and Richard Rowell U.S. 196 (1850)

handle is hein.slavery/ussccases0269 and id is 1 raw text is: 196 SUPREME COURT. Neves et al. v. Scott et al. company, where there is no express provision in the charter, from doing that for which they can receive no compensation. It is an inference as unsound in logic as it is in law, that the transportation of passengers, though not required by the charter, must be permitted by this company, without charge, as they have no power to tax them. And this, it seems, is the only duty required from the company without compensation. Order. This cause came on to be heard on the transcript of the record from the Circurt Court of the United States for the Dis- trict of Delaware, and on the points or questions on which the judges of the said Circuit Court were opposed in opinion, and which were certified to this court for its opinion, agreeably to the act of Congress in such case made and provided, and was argued by counsel. On consideration whereof, it is the opinion of this court, - 1st. That the canal company is not entitled to charge the compensation or toll mentioned in the proceedings for passengers on board the complainant's boats passing through the canal; and 2d. That the complainant has a right to navi- gate the canal for the transportation of passengers with passen- ger boats, without paying any toll on the passengers- on board, upon his paying or offering to pay the toll prescribed by law upon the commodities on board, -or the toll prescribed by law on a vessel or boat when it is empty of commodities. Where- upon it is now here ordered and decreed, that it be so certified to the said Circuit Court. WILLIAMd NEVES AND JAMES C. NEVES, APPELLANTS, V. NVILLIAx F. SCOTT AND RicHAD ROWELL. The rule formerly, with regard to the enforcement of marriage articles which created executory trusts, was this; ,namely, that chancery would interfere only in favor of one of the parties to the instrument or the issue, or one claiming through them ; and not in favor of remote heirs or strangers, though included within the beope of the provisions of the articles. They were regarded as volunteers. But this rule has in modem times been much relaxed, and may now be stated thus: that if, from the circumstances under which the marriage articles were entered into by the parties, or as collected from the face of the instrument itself, it appears to have been intended that the collateral relatives, in a given event, should take the estate, and a proper limitation to that effect is contained in them, a court of equity will enforce the trust for their benefit. The following articles show an intention by the parties to include the collateral rela- tives : - Articles or agreement made and entered into this 17th day of February, in the year 1810, between John Neves and. Catharine Jewell, widow and relic of the'late

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