294 



ANNUAL REGISTER, 1814. 



riage settlement, to a considerable 

 estate in Lincolnshire, but subject 

 to a rent-churge to his wife. Upon 

 this he gave up business as a so- 

 licitor, and devoted his time to the 

 improvement of the estate, the 

 rents of which, however, did not, 

 as he stated, until very lately, 

 exceed 600/. per annum, and to 

 which Mrs. Foulkes's income, 

 with the addition of the rent- 

 charge, bore a larger proportion 

 than her alimony of 150/. per 

 annum allotted by the Court, 

 did to his then income. The old 

 leases on the estate, however, 

 having lately fallen in, and the 

 land having been partitioned, and 

 let anew, Mrs. Foulkes now ap- 

 plied to the Court, stating, that 

 a very considerable increase had 

 by that means been made to Mr. 

 Foulkes's income, out of which, 

 therefore, she prayed a proportion- 

 ate addition to that which she pos- 

 sessed under the order of the 

 court, and in her own right. 



This was opposed on the part of 

 Mr. Foulkes, who claimed several 

 deductions for expenses to which 

 he had been exposed, on account 

 of his newly-acquired property, 

 which being made, it was con- 

 tended that his present income 

 was not greater in proportion to 

 that enjoyed by his wife, than his 

 former income was to the 150/. per 

 annum allotted to her as an alimony 

 by the Court. 



A long argument took place 

 upon the details of the property 

 acquired, and the deductions claim- 

 ed, which terminated in its being 

 agreed by the counsel on both 

 sides, that Mr. Foulkes's separate 

 income should be taken at 1,061/. 

 per annum, and Mrs. Foulkes's 

 at 290/. per annum, both clear of 



all deductions, and according to 

 these sums it was left for the 

 Court to decide upon the applica- 

 tion made forun increase to the wife. 

 Sir William Scott recapitulated 

 the circumstances of the case ; 

 and observed, it was a very mate- 

 rial consideration, that the great 

 increase in the husband's income 

 was principally in right of his wife, 

 — she was the source from whence 

 it flowed, and the Court felt it 

 necessary to advert strongly to this 

 circumstance in making tiie fresh 

 allottment required. Cases of this 

 nature were so diversified in their 

 circumstances, that it was not pos- 

 sible they could become precedents 

 for each other : the Court must 

 therefore compound the matter 

 from all considerations combined. 

 Here it appeared that the rents 

 were now at the iiighest ; and it 

 would be taking the matter in ex- 

 tremis to consider the permanent 

 value of the income at its present 

 amount ; there was a probability 

 of speedy reduction, which must 

 be taken into consideration. The 

 Court would not enter too minute- 

 ly into the details of the deduc- 

 tions claimed; but there was one, 

 the charge for agency and expenses 

 in the management of the estate, 

 which was very allowable, as the 

 property might suffer materially 

 for the want of such necessary at- 

 tention. Under all the circum- 

 stances, it appeared, that the hus- 

 band's separate income was 1,061/. 

 and the wife's 290/. per annum ; 

 and upon the view which the Court 

 had taken of the case, it felt itself 

 disposed to allot to the wife an ad- 

 ditional 110/. per annum, making 

 her income altogether 400/. per 

 annum ; which was done accord- 

 ingly. 



