CASES ARGUED AND DETERMINED IN THE Court of KING'S BENCH, IN Easter Term, In the Fifty-fifth Year of the Reign of GEORGE III. 1815. BECKETT and Another, Assignees of MARY THOMAS Lucas Wheeler, being seised in fee of Devise to 9. B. of of all his plantations, lands, certain estates and plantations in the island St. Christopher, by his will, dated the 1st of February tenements, ne groes, slaves, cattle plantations, stock, utensils, and hereditaments in the island of St. Kitts, to hold to . B., his heirs, executors, &c., according to the nature and quality thereof, to the use that W. B. should have one clear annuity or rent-charge of 150l. for his life, to be issuing out of said plantations, &c., and subject to and chargeable as aforesaid to the use of J. B., his heirs, executors, &c. according to the nature and quality of the premises. Codicil, reciting the death of W B. devised the said annuity to trustees in trust for M. G. for life, to be raised out of his said plantations and estates, and paid in same manner and with like remedies as directed in favour of W. B. Second codicil revoked tha part of first in which he had given to M. G. 150l. per ann., and instead thereof he gave 201. per ann, to M. G. for life. Third cdicil revoked that part of will in which he devised to 7. B. all his estate and property in St. Kitts, and declared the same void, and gave and bequeathed the said property to 7. P. in fec. Held that the annuity given to M. G. by the 1st codicil was not revoked by the last codicil, nor reduced by the 2d codicil, the 2d codicil not being executed according to the statute of frauds, which is in force in the said island of St. Christopher. (4) This case was argued at Serjeants' Inn before last Hilary term. VOL. IV. B 1786, 1815. BECKETT against HARDEN. 1786, duly executed to pass freehold estates, devised to John Beach all and singular his plantations, lands, tenements, negroes, slaves, cattle plantations, stock, utensils, and hereditaments, with their and every of their appurtenants, in the island of St. Christopher, to hold the same to the said J. Beach, his heirs, executors, administrators, and assigns respectively, according to the nature and quality thereof, to the use and intent that Wm. Beach, brother of the said J. Beach, and his assigns, should have and take one clear annuity or yearly rent of 150l. for and during the term of his natural life, to be issuing and going out of and charged upon the said plantations, lands, tenements, hereditaments, and premises in the said island of St. Christopher, and every or any part thereof, to be paid free of all taxes, &c. by quarterly payments, &c., and so in proportion if the said W. B. should happen to die before the quarter day, with power of distress and reentry for non-payment of the same: and as to the said plantations, lands, tenements, negroes, slaves, cattle plantations, stock, utensils, hereditaments, and premises, subject to and chargeable as aforesaid, to and for the only proper use and behoof and benefit of the said J. Beach, his heirs, executors, administrators, and assigns respectively, according to the nature and quality of the premises. And the testator, after devising all the residue of his real and personal estates, subject to certain charges and upon certain trusts, also charged the said plantations, lands, tenements, negroes, slaves, cattle plantations, stock, utensils, hereditaments, and premises, so by him given to J. Beach, but without prejudice to the said annuity or yearly rent-charge of 150l, limited to W. Beach, with the payment of 500l. for and towards making good a moiety of any deficiency in the funds directed to be applied to such charges and trusts, or in case |