The Sun. — London, England, 1806-03-17 00:00:00

~. i -_~ 3 lag ileet of Ships from the towns, under con "Y of His Majesty's, 'Ship Trusty ; this Fleet has been blown back to the Downs. Arriv e d the Maria Transport, Captain Ci lAxcELLoit,' from the Downs, and the Regard, of Arundel, with the loss of an anchor and 'cable.: Came into the Roads the Kite and Musoip - O Ps of War, froto-a cruize off Boulogne. Arrived the Fancy, of London, Captain DUNCAN, w ith tnerchandize for. Honduras. DEAL, Alt.r,cn .1.0:---Sailed. through the Downs. Yesterday afternoon to join the convoy, which sailed t his m orn ing to the Westward, the .dlbion, LINPLA roR, for Dominica ; RathMgh, MELVILLE, for Ja maica; Anion, HERBERT, and the: 4 1/bion, FOR-. 'aSTALL, for Antigua, the latter with the loss of her 'tin top. mast. Sailed the Regulus Man of War for Dungeness. • Arrived •La Recite Sloop of War from the West ward, and remai4is in the Downs with the'Ships as Per last. Ent N BuR G acu 14.— , -.Yesterday arrived at YRith the Sloop Good Intention, of Papenburgh, ' 0 111.7 MniA,Eti, Master, from Embden, Jaden with geneva and brandy in ankers and half ankers (sup- Nsed about 6ao ankers) and some boxes of playing Farcls ; which : Vessel was captured a few days since 111 the North Sea by the Lord Melville Armed Brig, \ vhich, in coMtany with the Pincher Gun - Vessel, , r \ c ''as convoying the - Trade from Leith to Hamburgh., t)e of the crew of the Lord Melville fell from the.' of the mast of the Good intention, and was un lt‘rtinately killed 'uy tine accident. . DISTRIBUTION OF PRIZE-MONEY. the , • Officers and Company of His Majesty's Bomb Ex °4stoi),.y.oho.w..ere,a6lually present at the Captuie of the 4 el)herdess. on the 2.2 d iuly, tgo4, .will be paid their re. tiktti ve pofrions 91,the saki capture on board her, at Sheer: It ss, or as soon after as she may;arrive. in Port ; or TuesklayS at ' d Thursdays for three years to come, at No. 2, Veruian iliklings., Gray's lan, t tlle Lord Hobart Packet, Capt. PAVJUON, rrom 4 gisbon, arrived at Falmouth, spoke on the 6th inst. let. 48. 5. long. 14. Llis Majesty's Ship Dryade, \ "ith about i. 50 Sail of Vessels under convoy from cork, bound to the West Indies i • and on the 1 rth night passed through a large Convoy, in lat. 49. 28 . long. 8. 3. supposed to be the IL:w. India Fleet. The Wolfe arrived at Kingston on the 6th of Ja nary , from a cruize, having had an engagement,: 12 4 tniles off St. Sago, with two French Privateers, c ue of which mounted one long 12-pounder, two . 1 4 2 'pouna carrotiades, and one long 4-pounder, with men, which she brought in with her, The other lad one long is-pounder, four 6-pd'unders, and 80 en : she was sunk during the engagement.--The ' ll qle had two men killed and four wounded. It is understood, that three distinCt Squadrons of t he Enemy's Vieet are at sea; and that five British Squadrons are in quest 'of them, viz. - Sit.). DucK 'Oßi'U's, Admiral Louis's, Sir 3. B. WAREigN'S, Sir R. STRA.CHAN'S and Admiral THOINDROUGH'S. ` there exists some danger of the Enemy concentrat ing his force at some given point of rendezvous and falling upon our divided and scattered , Squadrons.— vie doubt not, however, that the possibility of such 4 measure has been foreseen and guarded against. The Fleet collecting at Portsmouth for the Me diterranean it is supposed will he dispatched about the Loth inst. under convoy of the Tonnant, 84 guns, Rear-Admiral HARVEY 5' the Ocean, 9 . 8 ; ‘lnson, 38; and Cerherus, 32. At the date of the last Dispatches from Sir E: vtr.LEl.v, the Bay of Bengal and the Coast of Cey lon had. been nearly cleared 'of the Enemy's'Cruiz trs. The Albion, of 74 guns, and a Frigate, were truizing off Acheen Head, for the protection of the Straits; and the Cornwallis and ‘Phaeton Frigates, With the Dasher Sloop, were cruizing in the Chi nese Seas. Sir E: . I"Eraxw had written to Canton, recorn fending that all the homeward-bound Ships should be Cetained there till the beginning of Dec.. when be purposed being in that neighbourhood with a .1 force fully competent to their defence. The Lancaster, of 64 guns, with the Ocean, Pifldliizm, and Earl Howe Indiamen, sailed on tha 11th of August to join Sir EDWARD HuouEs's Con `/oy, either at .Penang or Malacca. A General Thanksgiving for the late ViEtory off 'Trafalgar took place throughout Jamaica on Friday, the 17th of January. At St. Sago de la Vega, •on the preceding evening, a grand and singular Cere !bony was performed, as a testimony of respect for the immortal Hero, which consisted of the burning of a funeral pile. It was ere&ed on the race-ground, and consisted of a pyramid 0r1 . ,,a triangular base, 47 feet each way, and the same in -height, that being the number of his Lordship's, years. The Militia termed round it, the vacant space being lighted by 4 7 flainbeaus. Ar six o'clock the pile Wag , set on fire, while a Funeral Oration was pronouncing ; the silence was awful and iMpressive, and the mag nificence with which the smoke and flames burst forth had a sublime effeet., Three artillery guns Were placed at the angles, and fired 47 rounds, with 47 discharges of musketry between each gun.--- Forty-seven rockets were also thrown up, and the Whole afforded an affecting speetacle. By an Order of .Council thirty Pupils are to be added to the regular number of the present esta blishment of the Royal Academy at Portsmouth, for the education of young Gentlemen, for the Naval Service.- The First Lord of the Admiralty, for the tim e being, is to be Governor .; and a Post Captain, Lieutenant-Governor ; a , Captain also is to be ap -Pointed to regulate the internal part of the buSiness, assisted by two Lieutenants, a Professor, and Pre ceptor. Mr. BAILEY, the present Master of the %Academy, who has, tor a great number of years, tiled that situation with so much Ability and gent satisfaCtion, is to be superannuated. On the 19th ult. the impressed Seamen, en board Ills Majesty's Hired Tender - Friendship ; to the number of 120, broke out ofthe press-raam while on their passage from LiVerpool to Plymouth, took the Vessel, and made their , escape on 'shore, der the. highland of Blackcort, MP . Vakite •/lave s\'‘\ MAIL. §-r`stwltir.Gt, FEB. t. ) E3 .--LT he Eie & oral cri 6e Baden passed through this City yesterday - on way to Paris, where he is to espouse •- the adopted daug,ht6r of the Emperor NAPOLEON.. The Minister TALLEYUAND Will, it is said, be raised - to .tlie dignity Of a Prince. VENICE, FEB. 15.—1 n consequence of a Decree, of our Viceroy, Istria is to be the Bth Department of the Venetian State. There is an unaiithentitated report at Genoa of the arrival of a part of the Brest Fleet at, Carthagena. 7 —On the night of the - 11th, four shocks of an Earthquake were felt in 'the dis trids of Panaro and Crostolo. Utrt, FEB. 24. -4-Several Detachments of French Troops, of which part remained in Suabia, and part were on their return to France, have received orders to march back, and rejoin . the Corps of the Army on the Inn. CANSTADT, FEB. 26,—The Troops which have for some time been marching this way from Bavaria towards the Rhine have within these few days changed'their route, and are marching through our environs towards the Danube. In:the same manner the French Detachments in - garrison, and the Depots in Suabia, are returning to their' CorpS in Bavaria and - Saltzbprgh. •. . . 41‘,IuNipx, FEB. 2.s.—Three Couriers arrived here yesterday froM Paris The French Military Bufeau is in full activity. Marsha bEaTutER has diparched a courier from hence , to Vienna. In consequence of the requisition of the French Minister at Wat, the Bavarian TrooPs . hzlve reeeived orders to hold theMselves ready to . mareli. The most lively'expec tatiOn 'prevails here. 'We lopl;' fon.v:lrd to important events. ,Verhaps the situation of.WortzbUrgh will experience another change. VIENNA, ,FEB. 28.—A Courier arrived. here yes terday frdm Paris with important Dispatches to our Court ; to which, however, no answer has yet, been returned. On the same, day. the • English Atnbas,, sador sent off .a :Courier to London. , The Grand, Master of the Teutonic Order, the Archduke ANI 7 , THONY, has sent the Resident6f that Order at this, Court:to Paris to conduit some Negotiations. , To day there is, talk of the : .march some Foreign, Troops through the Austrian Territory. The . town of Lintz is not yet evacuated by the French. Mar shaI:BERTHIER arrived here yesterday. A branch of the Administration of Foreign Affairs has been Con fided to Baron THUGUT. • . . HANAU, MARCH I.—General LEMARRUF, and other French Generals, are. ordered, from Germany to join the 'Expedition against Sicily. HAGUE, MARCH I.—Since' the restoration of Peac'e on -the- Continent, our Government has been required by the Emperor NAPOLIMN to co-operate with all its force in carrying on the Maritithe-War ; and Admiral V*RHEUIL is to concert with his Im perial Majesty the measures -necessary for that- Purpose. The Mission of that Admiral has wise a . ,relation 'to several other important- objeds, as the indimthities prordised to our Republic. Rear- Admiral DECKER', who was condemned to death, has 'been parchirled with respect to his life ;- but fion,e other punishment will be inflided by the Council of War. NUREME - EitO, FEB. 27,—The French troops Con tinue to extend themselves in the Principality of An, gpach. This day a detachment came from Furth by the Left Bank of the Pegnitz, which will be quar tered in the villages above Nuremberg. Another detachment possesses the suburb of Gostenhof, and the Gate on the left of the Pegnim. The town of Anspach is alsb occupied by the French. • General BERNADOTTE'S Proclamation, dated the 24th,• from his head-quarters at Anspach, has been 'distributed through the whole of the Principality. Oh the 26th a- strong detachment from MORTIER'S sion entered -Lauf and other places•in that neigh bourhood. BANKS OF Tilt MAINE, MARCH I.—The Depu tation sent from Franktbrt to Paris has not been able to obtain any mitigation of the forced contribution of four millions. The relations between France and Prussia are now arranged. It is believed, therefore,' :that this *ill soon be Jbllo;ved by the return of the • - French troops to France. BERLIN, MARCH 4.—To-morrow the Marquis VON LUCOHESINI sets out on Ins return to Paris. His Majesty commences his journey early to-mor row. He goes first to Schewdt, and on the 8f h inst. will visit Stettin, through which the last Rossian troops are expedod to march on the 9th. Count VON SCIIULENBURG arrived,on Sunby evening from Hanover, but it is understood that he returns again to-morrow. In consequence of the change of cir ' cumstances, it is resolved that the articles purchased for provisionina the' garrisons of Cassel, - Glatz, and Neisse, shall' Co . re-sold s op the 18th. 'LEIPLIC, MARCH s.—The Marquis.VON Luc- CHESINI, who is on the point of returning from Berlin to Paris, carries with him, it is said, a Star of the Prussian Order, adorned with valuable dia monds, for M. TALLEYRAND, a costly Solitaire for Marshal Dtntoc, and several rich presents fo; other French Officers of Stute. I.l,kst RGH, MARCH/7 .—A Russian Courier from St. Petersburgh passed through here yesterday for England.. The Etiglish Packet which arrived on thcbth was six days at sea,but fortunately withstood the terrible hurricane Hof the 27th ultimo. A defen sive alliance between two powerful States is much spoken of here. • CCTIIIA,VEN, FED. 28.—The English Transport, the Doris, presenied an awful spe&acle in the stortn which took place yesterday. ,This Vessel was ly ing•at anchor; and waited only for a favourable wind to sail for England. She struggled Jong with the waves, which ran mountains high, and rose: from the midst of them, when she seemed over whelmed. The Captain threw out three anchors; but though these were not sufficient' to enable the Ship to ride out the tempest, and though her rud der was carried away, his, skilful roanalivres served to dire& her. Ho was obliged, .however, , to run her ashore near Ottendorf. The Vessel has suffered considerable injury, but the crew and pas-. sengers are 'saved. Among the Officers , were Major VON ULMANSTEIN, with his; Lady ; Calitain Von scnitoar.it ; Lieutenants DttreNnlzotos., Pc:i.N . F.- itt, THIEL, &C f . The Troops art;vactered at. tendorf. tRLANQEII, • fEB. strong -tlivisiod. of Elie French Ailny, under General ,o A the 6th entered Lauf and its environs, and the general re port is, that this Division. will direct its route to the North-east. What is certain is, that Germany is _ . . menaaed with more great changes. . There is talk of an Elcetor of Cleves (the Archduke FERDINAND), an Eleabr 'or Westphalia (the D1...1 , x of • BRUNSL WSCK), au Elector of Sanerland and Paderborn (the Landgravejof DARMSTADT), and an EleEtor of Fulda. —(Abeille du Nord.) t FRANKF6IIT, MARCH, 1.--- , The French have to day occupied several Hessian village's in the'County of Hanau. • There is as yet no, Garrison in this City, in the vicinity of which abridge of boatsc has been formOd. The Vrenehhave to-day laid an ,embaigo - On:all" Vessels in the Maine. The Ffencb Troops . in our-enviraiis -have , received . • , , „.. orders to hold themselves in readiness to 'ffiareti.'' ... There is talk of an approaching Allia.nce beb,veen Prussia and France. - - BERLIN, MAR CH 4 .—Colint CH TAffiiii G - , , KEIL NEAT has arrived here from Hanover, bat. 11p, ....... will return in 'a few days. :' $ The Marquis DE LuccnOrgt set out yesterday — for Paris, were it is believed he will r4rnalb. /.. ... AUGSBURGH, FEB. 26,—A fel.v, days since an Officer, who has served, in 'the' At'my of CoNoi, anel who .has been settled here Several years, arrested : , his papers have been sealed up. • ' LEMBEBp, FEB. 2.—The last Column of the Itat-'•' sian Army, composed entirely of Cavalry, arrived` : here 'the day letipre; yestexclay:. ,remained here yesterday;. mid this mortiing - at !ten o'clock continued - • its march.... • . . . . , . • A report has Weft circulated here to-day, that 30,0006 RUssian . -have received orders to take post . . in the Buckowine, in order to observe Turkey. A letter from : Paris, dated February 2,5, ,saYs, " that:ll4ame RECAMIER is now preparing to quit her superb.manbion in. Rue de .lout Blanc, for an humble. dwelling in the llarais, where she intends to establish a Pqnsionat for Young Ladies." However extraordinAry , it may, appear, we are assured, by an °thee]: who has been in :Holkar's service, that neither that Chief nor Scindia can either read or -write. The whole politiCal business oltheir States is, in consequence, direaed by the Brahmins, of whom .they .are, with reason, ex.. tremely suspicious. The India Company_ have iemitted . the tribute paid by the Rajah of Curnool , in consideration:Of ins zealous attachnaent , during the,Mahratta war. . The titsnop of I,osnos, it. is said, •has inter fered to _prevent the performance of what is called The Ladles'., Concert' from; taking place on Sunday evenings. The Society for the Suppression of *Vice had, it seems, menaced a prosecution. It is highly probable that this .lauclable interference of the ve nerable Prelate, and the terrors held forth by the Society, will have a due et l 4 l upon several of our fashionable Dames,_ who have too tong been .ii the _habit of giving illtoicalfetes on the Sabbath. • Mr. Paicii, accused of the murder of Mr. slight, .the Ship-breaker of liotherhitbe, who has so long .been confined in.Nel,ygate, was removed on Friday evening to the County Gaol of Surrey, •preparatory to taking his trial at the Assizes' at Kingston; On the .2(itlyinst.. Convicts from the Peninsula of India are to be sent to Prince of Wales's. Island,. as brrnerly, to 'be employed on the public works, the warm attach; .meat of the Natives having,removed any apprehe-i-i -sion of the convtfts being able to interrupt thetran _ quillity of the Settlement. Near 4091; have lately been subscribed towards making a new -race-course and erecting a stand on a piece of ground allotted for that purpose by the Corporation of Leicester. . Saturday morning as a eOal-heaver, in the employ of Mr.. Fletcher,. of Tooley-street, was walking along the bOttom of St. .Andrew's Hill, he dropped • down in a fit and expired immediately. PIGEON SHOOTING.—Mr. Bentlere o 1 Shadwell, on Friday undertcok, for a considerable wager, to shoot four flying piteous out of six„ - in Stepney-fieldS, one after another ; but . he . shot five out of the six, which is considered as an unCommenly, good shOt. At Messrs. Read and Cana's auilion at Marles ford, a, few days awo; the first five true-bred Suffolk cart-horses fetched 2331. 12s. ; and two teams averaged 4,11. Cott N-Ex HANGE, MARCH I 7.—To-day there are not many fresh arrivals of Wheat, but tolerable sup plies on hand; early in the day rather better prices were made, but towards the close at little variation; Barley is in considerable quantities, and but few samples 'of fine ; Malt has rather better sale than of late ; itl Pease. or Beans but little alteration ; having very few arrivals of Oats, this article is dearer; land terms of Flour as last week. ' Wheat 44s a s7s a 6,,s od I:eans - sos - 3 . 565• o¢ - Fine ditto - -7 S a 73s od Pick lieans 42s a 48s o Rye - . -36 s a 4,s Oct Oats 243 a 2.7. a 2.3 s a Harley - .i. 265 a 3zs od Poland,clitto - , a g s a• 3is 64 Malt - - - 635 a 69s cd Rape Seed _ : 391 -.431 White Pease 3is a 4os cd Fine Flour Gos 4 63s Oa Grey ditto 3os a 345 od 'Seconds -- • sir; to 6os od M4RK ET, MAR cn_l7. .Thisday's market exhibited a good supply of prime Beasts, and the show of Cattle other respeels %teas' very plentiful ; Beef, Mutton, and Veal sold at last prices - 5. Pork is rather cheaper thin . our last report, and the . trade= in general was pretty brisk. Tire Sales in the Ha:,•market were . tolorabfy•good. 'Hay has.fil;eu in price.,sinee our last Straw' and eltj- Ner obtained last prices.—We subjoin a correelstate meat of the prices .and numbers 7 ' '!'' I- To sink tii::.o4ltl per stone of Slh. Beef js. 6 I, to 104. to6s.ocl.—Veal f; 61. to 7F, 6 , 1. toct. to 13e4sts 17 . 44 --Ctives —Pigs 410. 9411T101E1,21, HAY • fl a y t 0 41, i : S.—Clover 41 to jI. oi. ' . t 9 31. jam. ;,~, ille 7 - ✓ COURT OF CHAN6tY, MAP(' it iS. , , GR L'rOiT. This was an Application to the Court on the 'ConstruCeion of a Will, by the Exe 'iiiors, who claimed to be residuary . Legatees, to the exclusion of the next of kin, under the, Statute of D tributions. The Testator was a long time employed in thesservice of the East India Company on the Western Coast of Sumatre He left to his son, probably a natural 'Child, 39001 . .. and to his housekeeper, the supposed mother, .100 dollars. In addition "to sthiS, he...or dered wu dollars - to - s'e invested for her use duripk . - 14r . life, ‘ and'hegaVe her six slaves. Further, to Ml7' e George Iralitiixe his 'father; he- (eft 5001, and the' satue to - his uncle, Sir Thotrfss Rielard .Mardenan, in I Joseph JseiersOn, Esqrs.• were` apPothted Trustees and Guardians to his son, and he Made 'a bequest to eaell'of them of I'ooo dol• lar,nottif),64s ., thew Gentlemen, and four others; without anylgaeY, - Exectiters • Mr. Jonesofe and the S OL IbITOR-GENER-A I, were heard this day e ssehe thriller . Orr the-part of the next of kin; ehelatter 6dbehalf the*-Firiteufers ; -and both of them c 2. tided illatifot ( . 144 -flout- the'laksi,AS sets- • tied under''etittiblisliect 'tiiithorities, il3tite frimr the ie%; C:ognise j fri; ............. re as:snit - id jeMice, their respec-. titcd - Clietttg 'L he resideary propel - Irk 1 1 11 . eLk' 10 . tilisteerst;Oes'ilfier•Cisinitient on. the .• of : Villiants• :„firileg;-:;Foster afid. MOW,' !Parit'ictff s e:'strd (414 Everettp • M of pi - luity.; as riPitl'7 4l- iillti fA ;Ate filed • by:• Oiihre,drillit les itni : GWriits'• 114. -rtkibeei Hemilz tle.! 2 fixeccltG - 6e a stWks's4. issoneesi thi • OefeitdditA : the , Oklfle'S:erielse::tWeer :of EKC-. Cll tPri';:Act, inn,.:•. 1 P111".; , :b111 otipdsed blt I.•c't!utor',4' - of ripe th 04'0, - W.13;" : St4itirite Oft thPtiqiakifey'iii mon. The atli t e s ontendee:;fictiktotti4.lliiilitiff is efet :intfiled tot e -11PAtiitehti.41,1 go- to -efie next. of kin., There_ seas s equ.aiifityloPX3teu Beejal •rein; Whielf•eiiiiWnta l jeart df'fhoV4i - fe -bf the ldece2iSed . .' "fl'it - !*aPV4ited to Mie;Seaskes Ploare";i 'who'cfei rT4-ere-conilet•be a mere' paint t ril - officV kit - the eon; tstruaion of e Wills„beeause r it is often extsemely' !dif'fichlt to 'di's'cOver friateria-s-A;n - Whieh 'that judg ment 'should' Wrmed. - • Tiy preclude 'irregulaf :and arbitrary •deeiSlOns' tipsier - -eirceriesteeees e , the Court ot:Equity leis laid do w eeri:Ain geue) , alrUies, Jeducedfrom•classesssf ca4e. , , by w I ' l (41 4•7; governed. . \Ve are then, nofen td,look of the itself, but to attend to tleeestAbl6hedenodes of judgment applicable to it. 'ln thefirSt place, the.Execitnor has aright vested iii hint by the Law ; and-those who would' deprive.. hirn•of this - rieht miee-proceed in due le al course; • and they must sheW, by Z!ot' , A;) , :tent eVidence s • thet . the Testator - did not 'intend to give him the resi-: duum. In EciitV, this reiestebe. @fleeted by e.ste pounding the teens - of the tit' iii,' the con. ' strue, : i'on 'With the eexpeeitcoe • its-_the cases ; or, they must call upon the Ekecuses eo rebut the• tipresumption, that 116 'shrtilit :onf!ecensidered in the charaCter •of a Trustee.' it is ;said by Mr. JohnsOn, 'that : Life:Court - runst%feel. .an•xi , ..ty to pro-. tea the interests' .of the - nest of kin. NO douct a Court 'mA be tinder •it - npl'e4si4ll4:l anxiety to do substantial justice, but it silt:slid indulge no other solicitude ; for if 'it Ac -, ..re - to ease way to such 311X ities and jealousies with regard to the .claimants, there 'would bend knowing to - - what , an extent this . excessive . sensibility mieht be citriH. 1- have icoked into all the cases, -and' into a respeadl:l • \wri: lately published by' Mr. Toiler ; but the principles and the authorities have beet 's'o'so.; elly exploited by the Bar, that my labour was inineeesssry• read in Peere Williams that Lord Hardwicke, on a similar quee• trete, desired - tcebe attended by all the precedents on the subjeat ; and a numerous train of attendants, very oddly and differently - attired, aipeered on -the occasion ; for,. 11'M-the - time of lee e Chief Jutice Jeffries to that of his own oceapatien of the same ,Chair, there had been ,a peals upon app.als, and a Multifarious tribe Of dessisienes: Bat the 1 aw, helaid dawn is this s—That where an ExecnteT has a le•- gacy left to-him ,for arid troable, it, amounts tO a declaration on the part of the Testator, that he is not to . take the residuum ; and the reason is, be -Cause the EXecutor has thus assigned to him what 'the Testator •considered as a sufficient compehsa :lion for the datiei he imposed, and the Representa -five 1; always at liberty, if he please', to i - efuse to "execute ; so 'that in such a case the Law ought al -ways to have a leaning to the' next of kin under the Statute' of Distributions, • But -where there are Co- Executors, and where the legacies are unequal, the `Executors will • not be held to sustain the mere • charaaer of Trustees. The ',present falls. within the range of such cases ; for here are six Exe cutors, and only • two have legacies. The in tention of. the Testator is the material thing to be eolle(Sted,• and this was properly regarded by the Master of the Rolls, in a case where Mr. Rufus King, holding the higl,l Office of Ambassador from, the States of America, was/declared Executor. The Will referred to appointed this Gentleman, er any other who should be Ambassador from the United' • Prbvinces, to be Executor under it. This Executor claimed to be residuary Legatee, and the next of kin successfully repelled the pretension, because Mr. Rufus 'King was not exclusively appointed Ex.- ecutor, but either he, or any person Who should be -Minister for America. • Air the decision of the Master of the 'Rolls was guided by the cOnsiecratien, no doubt, thattheTestator looked more to'the Situa tion of his Essocutor as American Ambassador, than to any,persoual regard and affeEtioti for Mr. Rufus King, or any other Gentleman, that might occupy that responsible and dignified station. " Another circumstance deserves attention in this Will. The-Legacies to Mardonan and Jeffer son are given to them before he- names them as Exs ecutors, and where he appoints them Trustees and Guardians to his son; that it would seem, that these Gentlemen, as well as their Co-Executors, had no specific Legacy in their chara6ter of Executors. We cannot be fettered because there is no, case that hits the bird in the eye; there Must be frequently some one or more particulars upon which the Cense will exercise its discretion. It appears to me, then, that the onus being . .imposed upon the Petitioners to: take their residuum out of the Executors, they have.not succeeded either in the construction' of the Will, on the authority of eases, or ,en the analogies to which they have resorted, 311, the residuum therefore ought to_ be seers by tine E! , •.e'cutur ---, ,