brown case sarah Meynell widow and other appellant george more respondent that  march Mews dig way see dick atk by the law of Antigua all deed relate to  estate within that island must be register there in order to make they  effectual and by the same law all the stock utensil erection and building upon  a plantation be subject and liable to the payment of debt except negro and  other slave which be deem to be affix to the freehold and can be sell for that  purpose unless there be a deficiency of general assert this case do not appear  in any other book and seem to be entire confine to its own circumstance and  not to afford any precedent of general law order of the Lord chancellor partly  reverse but for the most part affirm Laurence Crabb in go to the island of  barbados and there intermarry with the appellant Sarah who be one of the three  daughter and coheir of George Fletcher of that island the say George Fletcher  die seize in fee of five message and one acre of land with several negro and  other live and dead stock in barbados of pound per and and also of a  plantation message and land with several negro and other live and dead stock  in the island of Antigua which on his death descend upon his three daughter  and two of they soon after die without issue the appellant Sarah become  thereupon entitle to the reversion of all the say premise expectant on the  death of her mother the widow of the say George Fletcher and who afterward  intermarry with Francis young Laurence Crabb carry the appellant Sarah to  Jamaica with he and in embark from thence for England but in their passage the  ship and all her cargo be lose they themselves narrow escape and Crabb be in  mean circumstance the appellant Sarah mother in regard to his necessity  surrender the plantation and premise in Antigua to the appellant Sarah who in  go with her husband to Antigua and take possession thereof but find the  plantation unprovide with a sufficient stock and in want of several necessary  Crabb brown write to his correspondent in England to send he copper and other  thing necessary for the same but not be able to procure any supply from they  and be by reason of his very low circumstance unable to procure the same  himself he and the appellant Sarah go to barbados to persuade her mother to  agree that the appellant Sarah estate there which she be entitle to after her  mother death may be sell and the money arise therefrom apply in erect proper  building upon and to supply and stock the plantation in Antigua this the  mother at first decline but at last she consent to such sale on Crabb agree  that the money arise therefrom shall be employ in supply and stocking the  Antigua plantation and that then the building negro and stock thereon together  with the plantation itself shall be settle upon the appellant Sarah and her  issue the barbados estate be accord sell and the money arise by such sale lie  out in supply and stocking the Antigua estate with the necessary work negro  and cattle and accord to the say agreement Crabb and the appellant Sarah by  indenture date the that of April in consideration of pound convey to Thomas  lasher his heir and assign all the say plantation in Antigua together with all  the house outhouse cattle mill edifice and building thereon and all copper  still worm utensil and other thing whatsoever thereunto belong and also  sixtyseven negro slave with their increase together with thirtyfive neat able  work cattle and their increase etcetera habend to the say Thomas lasher his  heir and assign for ever who by indenture date the that of the same month for  the like consideration convey the say brown er p plantation and premise back  again to Laurence Crabb and the appellant Sarah their heir and assign habend  to they their heir and assign to the use intent and purpose follow videlicet  to the use of Laurence Crabb and the appellant Sarah for their life and the  life of the survivor remainder to the use of the child of the appellant Sarah  in fee subject nevertheless to the payment of such portion and legacy as the  appellant Sarah shall by her will appoint and these deed be duly record in  Antigua accord to the law of that island after this transaction the appellant  Sarah and her husband Crabb come to England where they stay till and be very  conversant with the respondent who during all that time never make any demand  upon they until they have actual agree for their passage back to Antigua and  put on board diverse good and merchandise and be ready to go on board  themselves and then when there be no time leave to settle or look into account  the respondent arrest Crabb and will not discharge he till he have give bind  for pound principal money wherein the appellant Sarah be make to join in march  Laurence Crabb die intestate at Antigua leave the appellant Sarah his widow  and the appellant Isaac brown their old son about year old and six other child  but he leave no real estate whatever behind he save what be so settle as  aforesaid whereupon the governor of the island as ordinary appoint colonel  Codrington and other to inventory and appraise his personal estate who do  accord true inventory and appraise at their full value all the intestate  personal estate save only four negro of his purchase which be whole  unprofitable and rather a charge than a benefit to the plantation and three  suck child reckon of no value which be therefore omit the value of which  personal estate as so appraise amount to pound soon after Crabb death the  appellant Sarah intermarry with Richard Meynell her second husband whereupon  one Joshua redhead bring his action and recover judgement against the  appellant Sarah and the say Richard Meynell for pound S d and Isaac rial in  like manner recover judgement against they for pound these two sum the  appellant Sarah and Meynell actual pay and the appellant Sarah during her  widowhood also pay pound S d for the funeral expense of Laurence Crabb and  several other of his debt so that she actual pay in discharge of the intestate  debt pound and upward beyond the amount of his asset in Michaelmas term the  respondent prefer his bill in the court of chancery against the appellant and  the say Richard Meynell set forth that by indenture date the saint of November  from Laurence Crabb and the appellant Sarah to the respondent and by a fine  levy pursuant thereto they convey to the respondent and his heir all the say  premise in barbados and Antigua together with all the negro slave and  plantation utensil and all the appellant estate in the say island in trust for  the appellant Sarah for her life and after her death for the say Laurence for  his life and after both their death then as to one moiety in trust for the  heir of the body of the appellant Sarah and for want of such issue to the  appellant Sarah in fee and as to the other moiety in trust for the say  Laurence Crabb and his heir for ever and that this deed and fine be duly  register in barbados and Antigua That in Laurence Crabb and the appellant  Sarah become bind to the respondent in a bind of pound penalty condition for  payment of pound by annual instalment of pound that Crabb be further indebt to  he by another bind date the that of may in pound S d and in near pound above  the principal and interest due on those two bind and therefore pray that the  appellant Sarah and her then husband Richard Meynell may account with the  respondent for Laurence Crabb personal estate and pay what be due to he for  principal and interest and in case such personal estate be not sufficient that  the reversion of the moiety of the premise in barbados and Antigua expectant  on the appellant Sarah death and all other brown the say Laurence Crabb real  estate of which he die seize may be sell and the respondent thereout pay his  say debt with interest to this bill the appellant Sarah be in England answer  alone her husband Meynell be then in Antigua and by her answer insist inter  alian that the conveyance of November and the fine set up by the respondent if  any such there brown er p be be execute and levy by heir during her infancy  and coverture and be not register and record in the proper office in Antigua  as several act of that island direct and that for want of such registry the  same can not operate upon or bind any estate there she further insist that the  bind for pound be as to her void she be then a feme covert and enter into the  same under the coercion of her husband that the building work negro and cattle  on the say plantation at Laurence Crabb death save only twelve negro and three  child be part of or the produce or increase of those leave her by her father  or erect and purchase by the money arise out of her and her mother estate in  barbados and other negro that come to her on her mother death and that no part  of the say building or work be erect or any part of the say negro or cattle  buy at the expense or with the money of Laurence Crabb save only the say  twelve negro and three child that he never have money of his own to purchase  the same with and that he never do or can lie out any money in erect work or  replenish the plantation at Antigua with fresh stock or any other necessary  and therefore she insist that she be entitle to the same together with the  plantation for her and her child benefit free and exempt from the debt of the  say Laurence Crabb and she further insist that several consignment have be  make to the respondent in discharge of what be due to he issue be join and  witness examine on both side the cause be hear before the Lord chancellor  Macclesfield on the that of may when his lordship declare inter alian that as  to the real estate of the appellant Sarah of which a fine be levy and a  conveyance as to one moiety thereof make to Laurence Crabb her former husband  it appear that by the law of Antigua all deed relate to estate within that  island must be register there to make they effectual and that the deed of  settlement under which the respondent claim to make one moiety of the estate  liable to his demand not be register there as the say law require be thereby  become void and do therefore order that the respondent bill as to such part  thereof as seek to make a moiety of the real estate liable to his demand shall  stand dismiss but as to the personal estate of Laurence Crabb his lordship  order and decree that the appellant Sarah shall come to brown a account for  the same before the master who in take the account be to make the appellant  all just allowance and the master be also to take a account and see what  Laurence Crabb be indebt to the respondent and what the respondent have  receive towards satisfaction thereof and what the master shall find and  certify to be due to the respondent from the say Laurence Crabb over and above  what he have receive towards satisfaction thereof it be order and decree that  the same shall be pay the respondent out of the estate of the say Laurence  Crabb which shall appear to be remain in the appellant hand after all just  allowance make her and the consideration of cost be reserve till after the  master report on the saint of August the master make his report and thereby  certify that he find by the proof in the cause and the appellant Sarah answer  that Laurence Crabb die possess of a personal estate consist of several negro  building cattle household stuff and other thing the particular and value  whereof he annex to his report by way of schedule amount to pound S d Antigua  money and that the same upon his death come to the hand of the appellant Sarah  and which pound S d be at the time of Laurence Crabb death in value pound S  sterling whereout the master have allow the appellant pound sterling for  funeral charge which be deduct out of the pound S there remain of the asset of  Crabb come to the appellant hand pound S and the master further certify that  he find due to the respondent from Crabb on two bind and for interest due  thereon to the that of June and by money pay by the respondent for Crabb use  and by his order several sum which he particular mention in the second  schedule to his report amount to pound S d but the respondent have admit  before the master to have receive of Crabb in his lifetime and by good consign  by he to the respondent and which come to the respondent hand after Crabb  death pound S d the particular whereof he set out by way of three schedule to  his report which be deduct out of the say pound S d there then remain due to  the respondent on the that day of June pound S d brown er p to this report the  appellant take several exception the first of which be for that the master  have in the first schedule to his report charge the appellant with the several  matter and thing follow as part of the personal estate of Laurence Crabb  whereas by the law and custom of the island of Antigua the same belong to and  be part of the freehold and inheritance of the appellant and ought to go along  with the same be by the decree and by the settlement therein recite discharge  from the respondent demand videlicet pound sd brown a wind mill  erected60000Seven large coppers20000Thirtyfour work cattle at pound per  head48000A cattle mill a cure house boil house and still house20000Two large  still two worm and two worm tubs13000Sixtyeight negro at pound each one with  the other and in which two last particular there be a overcharge both as to  the number and value the three exception be for that the master have not allow  the appellant Sarah the sum of pound S d be due from Laurence Crabb to Joshua  redhead and for which he recover a judgement at law against her and her late  husband Meynell nor the sum of pound pay to Isaac rial in satisfaction of so  much due from Crabb and for which rial also recover judgement at law against  the appellant and her say husband Meynell both which sum ought to have be  allow the appellant and the four exception be for that the master have not but  ought to have allow the appellant Sarah the sum of pound S d it appear from  the proof that she pay so much for the funeral expense of Laurence Crabb and  for mourning for his family on the that of April these exception be argue  before he Lord chancellor king when his lordship be please to overrule they  all and confirm the master report in toto the appellant therefore appeal from  this order and on their behalf it be argue c Talbot n fazakerley that the  building work copper still etcetera mention in the first exception be the  freehold of the appellant Sarah and part of or belong to her plantation as to  which the respondent bill be dismiss and that the same together with the negro  and cattle in this exception also mention be full prove in the cause either to  have be leave the appellant Sarah by her father or to have be erect and buy in  with the money raise by sale of other part of her real estate and annex to her  plantation in Antigua subject to a trust to her for her life and afterward for  the benefit of her child accord to the agreement enter into for that purpose  previous to the sale of the barbados estate beside it be nowhere prove that  any of these negro cattle or stock be buy by Laurence Crabb on the contrary it  be full in proof that he never be in circumstance sufficient to purchase the  same shall it be object that by a act of assembly pass in Antigua it be enact  that in case any person or person tenant for life or will shall erect or put  up any work such as mill copper or still for the improve his interest all heir  or heir or his or their representative shall pay the value of such mill or  copper at appraisement in twelve month any law or brown usage to the contrary  notwithstanding that under this act the building and work in question be to be  consider as personal estate of Laurence Crabb that negro and cattle though  real estate to all other purpose be personal estate as to the payment of debt  and that therefore the report and order appeal from be right in these  particular it may be answer that this act be not pass until the that of June  whereas it be full in proof that all the work in question be erect prior to  that time and the act have no retrospect whatsoever but if it have it only  extend to mill and copper erect or put up at the proper expense of the person  erect they but in the present case the work be erect and put up at the expense  of the appellant Sarah and her mother be pay for out of the money arise from  the sale of their real estate in barbados and therefore no part of Laurence  Crabb brown er p estate as to the three exception it be insist that the  appellant Sarah ought to have be allow the two sum therein mention as be so  much real pay by her and her husband Meynell out of the asset of Laurence  Crabb in discharge and satisfaction of debt real due from he and have be  actual recover from her by due course of law as his administratrix and  therefore the same ought to have be consider as include in the just allowance  which by the decree be direct to be make but shall it be object that these be  simple contract debt be of a inferior nature to the respondent and that the  appellant Sarah ought not to have apply her intestate asset in discharge of  they until all debt of a superior nature be first satisfy it be answer that  these sum be recover by due course of law the respective creditor have duly  obtain judgement for the same as be full prove by the respondent own witness  beside the appellant Sarah can not give the respondent bind in evidence in  Antigua so as to prevent these judgement be obtain against her and therefore  she ought to be allow whatever she have be oblige to pay under such  circumstance and as to the four exception the appellant ought sure to be allow  the whole of the money therein mention the same have be actual expend by her  in and about the funeral of her husband Laurence Crabb and be but suitable to  his condition he be at the time of his death a member of the council of  Antigua it be therefore hope that the order appeal from will bet reverse and  the exception allow on the other side it be contend p York t Lutwyche that the  good and thing mention in the first exception be by the law and custom of  Antigua subject and liable to the payment of debt and that they be make erect  find and provide by Laurence Crabb during his intermarriage with the appellant  Sarah he be by virtue of such marriage and of his have issue by her tenant for  life of the plantation consequent they be part of brown the stock and utensil  provide by he and ought to be consider as part of his estate for the payment  of his debt that these effect be not discharge from the respondent demand  either by the decree make in the cause or by the settlement therein recite  such settlement be voluntary and make after marriage for by a act of assembly  make at Antigua on the saint of July it be enact that all negro and other  slave after the date of that act shall be inheritance and affix to the  freehold and the widow capable of be endow thereof provide always that any  executor or administrator may inventory the say negro but not take they into  his custody to the intent that if there shall not be sufficient good and  chattel to pay the decease debt then the say negro be liable to be take for  payment of such debt and be chattel for that purpose and not otherwise that  the debt of pound S d due from Laurence Crabb to redhead and the other debt of  pound due to rial be due on simple contract only and so ought not to have be  pay in a due course of administration before debt by speciality and of a  superior nature the payment therefore of such debt by the appellant Sarah be a  misapplication of her husband asset for which she ought to be Accountable that  as Laurence Crabb accord to the allegation of the appellant Sarah die  insolvent there be no manner of reason to allow her pound S d for his funeral  and her mourning to the loss and prejudice of his just creditor and that she  have the less reason to complain of not have a sufficient allowance for her  husband funeral when the master have actual allow her pound on that account  which be more than he ought to have do and therefore it be conceive that the  order make on argue the exception be just and accord to the rule of equity and  will consequent be affirm with cost after hear counsel on this appeal it be  order and adjudge that so much of the order complain of as overrule the  appellant three exception shall be reverse and that the say exception shall be  allow and that the master report shall be vary accord to this judgement and it  be further order and adjudge that the say order as to the appellant other  exception shall be affirm jour vol p brown er p