Rowland Israell, - Appellant; Anna Woollery Rodon, - Respondent

JurisdictionUK Non-devolved
Judgment Date30 November 1837
Date30 November 1837
CourtPrivy Council

English Reports Citation: 12 E.R. 919

ON APPEAL FROM THE COURT OF CHANCERY OF JAMAICA.

Rowland Israell
-Appellant
Anna Woollery Rodon,-Respondent 1

Mew's Dig. tit. Colony, II. Particular Colonies, 22 West Indies.

ON APPEAL FROM THE COURT1 OF CHANCERY OF JAMAICA. ROWLAND ISRAELL,-Appellant; ANNA WOOLLERY RODON,-Respondent * [November 30, 1837]. Injunction obtained by the cestui que trust of a moiety of the produce of certain plantations and estates in Jamaica, prohibiting the attorney and manager, who was also one of the trustees for the same moiety, from shipping or consigning any portion of the produce, save as such cestui que trust should direct: dissolved on appeal. This was an Appeal from an order of injunction of the Court of Chancery of Jamaica, against the Appellant and one Henry L. Carrigues, restraining them from shipping or otherwise consigning to Great Britain or elsewhere, any of the produce then upon the trust premises and property in the bill and affidavit particularly mentioned, or thereafter to be manufac-[44]-tured upon the trust premises, otherwise than, as directed by the Respondent. Henry Rodon, the late husband of the Respondent, Anna Woollery Rodon, was tenant in common, in fee simple, with his brother, Francis Rodon, of two sugar plantations, called Frankfield and Crawle River, situate in the parish of Clarendon in the Island of Jamaica. Previous to the year 1834, he resided in; England, and carried on business in London as a partner in the house of Mitchell and Co., West India merchants, to whom the produce of the estates were consigned, and by whom the requisite supplies were furnished. The Appellant, Rowland Israeli, was the acting attorney for the management of the whole of the Frankfield and Crawle River estates, and became subsequently one of the trustees, having the legal estate in Henry Rodon's moiety. In the year 1834, Henry Rodon went to reside in Jamaica, and being about to be married to the Respondent, then Anna Woollery Lord, spinster, a settlement was executed, bearing date the 1st of May 1834, between himself and the Respondent, of the first and second parts, William Lord, the Respondent's father, of the third part, and the Appellant, Rowland Israeli, Henry L. Carrigues, and Samuel Rennalls, trustees, of the fourth part, by which the undivided moiety of the above plantations, together with the slaves, implements, and appurtenances thereon, and the dividends and interest of the compensation monies to be granted in respect thereof, were settled and assured to the said Henry Rodon, for life, remainder to the Respondent for her life, for her sole and separate use, with provision for her separate enjoyment in case of the [45] bankruptcy or insolvency of her present or any future husband; remainder to the children of the marriage, if more than one, in such...

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