8 Ga. 279 | Ga. | 1850
By the Court.
delivering the opinion.
The great question in this case is, whether the administrator of Camilla Taiton can be compelled to make distribution to the administrator of Henry Taiton.
It has been insisted on the argument, that the right of the complainant to recover, was settled by the judgment of this Court, in Liptrot vs. Holmes, 1 Kelly, 381. The question made by the record in that case was, whether the administrator of Camilla Taitón was entitled to maintain an action of trover, for the recovery of certain slaves, or whether the legal title to the slaves was in the trustee of Camilla Taitón, under the marriage settlement.
This Court held, that the legal title to the property was not in the trustee, but in the administrator of Camilla Taiton, and that he had the right to reduce the property into his possession, as her administrator; but the question as to whom the administrator of Camilla Taiton should make distribution of the property, when reduced to his possession, was not made by the record in that case, nor was that question considered or adjudicated by this Court. We will now proceed to consider the marriage settlement executed by the parties in 1834, in contemplation of their intended marriage.
After reciting the property of which Camilla Liptrot was possessed and in expectancy, the contract further recites : “ Whereas, a marriage is this day intended to be had and solemnized be tween the said Henry Taiton and Camilla Liptrot, with whom the said Henry is to have and receive the sum of one hundred dollars in money, as for her marriage portion ; and the said Camilla Liptrot, being desirous of enjoying, maintaining and keeping all and singular the lands, negroes, and other property, real and personal, which shall be assigned to her on distribution of the estate
“ Marriage settlements,” says Chancellor Kent, “ usually proceed from the prudence and foresight of friends, or the warm and anxious affection of parents ; and if fairly made, they ought to be supported, according to the true intent and meaning of the instrument by which they are created. A Court of Equity will carry the intention of these settlements into effect, and not permit the intention to be defeated.” 2 Kent’s Com. 165. Methodist Episcopal Church vs. Jacques, 3 John. Ch. Rep. 88. In Horry vs. Horry, (2 Dessaussure’s Eq. Rep. 125) the Court said, “ in marriage settlements, the most favor able exposition will be made of words, to support the intention of the parties.”
To this proposition, the intended husband appears to have assented, and his administrator is now bound by the stipulation of his intestate. The stipulation, as to the protection of the property from the debts of Taiton, evidently looks beyond the termination of the coverture. The property is not only to be protected
Let the judgment of the Court below bo affirmed.