Page:The English Reports v1 1900.pdf/1352

schedule; whereby, amongst other things, he gave and bequeathed as follows:

The whole of my estate that I shall be possessed of, I leave to my wife during her natural life, that is to say, so long as she shall continue unmarried; but in case she shall choose to marry, then and in that case, all and the residue of my estate, an account shall be taken, that all above the two several sums [307] of £400 each, already provided for by former contracts, shall be directed for the immediate use and behoof of my daughter, [the appellant's late wife,] meaning the interest and produce thereof: it is also my direction, that no husband my daughter shall marry, shall have any power whatsoever; that her receipt from time to time shall be a discharge, neither subject to any commission or any demand whatsoever, which I do that she may not be involved; I do this to provide against those accidents which women are so often plunged in for want of this direction: in case my daughter shall die, which God forbid, without leaving issue, in that case, it is my will and desire, that what my estate shall produce, shall be divided among the children of my late sister Gally Adolphus, between the following persons; Dr. Joy Adolphus, Physician at Cleves, Reuben Adolphus, and Michael Adolphus: notwithstanding what I here mention, is only in case my daughter shall die without a will; but this shall not be any hindrance, in case she should make her will properly attested; she may, in that case, give it to those of my nephews that shall deserve her favour most, but not out of my family.

On the 24th of January 1749, the testator died, without revoking or altering his will; and soon afterwards administration with the will annexed, was granted to the respondent Judy Levy, his widow.

Previous to the marriage of Elias Levy, with the respondent Judy, a settlement was made, dated the 24th of December 1723, whereby £4000 South Sea stock, belonging to Elias Levy, and £6000 South Sea stock belonging to Moses Hart, father of the respondent Judy, and which was her marriage portion, were transferred into the names of the said Moses Hart and of Isaac Franks and Moses Helbut, upon trust to pay the interest thereof to Elias for his life, then that the trustees should stand possessed of the stocks, in trust for all and every the child or children of the body of the said Judy, by the said Elias her intended husband to be begotten, or such one or more of them, and in such parts, shares, and proportions, manner and form, to be paid and delivered at such time or times as Elias Levy in his lifetime, by his last will and testament in writing, or any other writing or writings to be by him signed and sealed, in the presence of three or more credible witnesses, should direct or appoint; and for want of such direction and appointment, then in trust for all and every the child or children of the said Judy by the said Elias to be begotten, or such one or more of them, and in such parts, shares, and proportions, manner and form, and to be paid and delivered at such time and times as the said Judy in her lifetime, by her last will and testament in writing, or any other writing or writings to be by her signed and sealed in the presence of three or more credible witnesses, should direct or appoint; and for want of such direction and appointment, then in trust for all and every the child or children of the said Judy, by the said Elias to be begotten, [308] equally to be divided between them, share and share alike, if there should be more than one, and if but one, then to such only child; to be paid and delivered to such of them as should be a son or sons, when they should respectively attain the age of 21; and to such of them as should be a daughter or daughters when they should respectively attain the age of 21, or be married.

Moses Hart, after the decease of Isaac Franks and Moses Helbut, with the consent of Elias Levy, and the respondent Judy, sold out the said £10,000 South Sea stock, and therewith purchased £6200 capital South Sea stock, and £200 per ann. long Exchequer annuities of the year 1707, in his own name only; and by an indorsement on the said settlement, dated the 4th of June 1747, Moses Hart covenanted to stand possessed of the said £6200 capital stock, and the long Exchequer annuities, in trust to and for the same uses and purposes as by the settlement were declared with regard to the said South Sea stock.

By a second settlement, dated the 21st of June 1749, made between the said Elias Levy of the first part, the said Moses Hart and the respondent Judy of the second part, and the respondent Aaron Franks, and Lazarus Simon since deceased, of the third part, reciting that Moses Hart had agreed to give Elias Levy £4000 as a further portion with his daughter Judy, upon Elias Levy's agreeing (over and above any settlement thento-