The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1876-03-04 00:00:00

A CURIOUS WILL CASE,

The snit et "Charter v. Charter" has been before Vice-
hancellor Bah* and was a somewhat peculiar case. :the
met gi ' es the following report of it :
vth s, 1
Farstet Charter,' a Noithern farmer, lefts Will,
ich had been -drawn up is' feei days before MS death
•the parish priest. He appointed tie son;'" Forster
hatter," executer, wad gave him all hie property,' .
ii
bjeot to a trust fortsn heaintenance of the teatatot's,
d o tv, and a further trust for the benefit of-hiliciaughter.
'he teitator had no son at the time he made .hie will
Ilea Foreter he, had a son galled Wiliiani,Voistas,
who had left hotne'ind was married, and a foonger 0,01:
called Charles, who was living at home. The sVillVolii- •
templated that the son Forster and his mother' might
't continue "to live together. Each son claimed to be the
person beneatted by the will—the eldest on account of
his name, the younger on account of the circumstances.
,Frobate in the first instance was granted to the elder
.son, William. Forster, which, on the application of.
' his brother aii
sles was revoked, and probate granted,
ie
tieCnihattine legg.e
.liwapppea
farareinezd from,
, and in h
The decision
Efont Lord
of
,
Lords Lord Cairns and Lord Selborne considered the
decision :of the Court of Probate right, while Lord
Chelmsford and Lord Hatherley were of a contrary
opinion, and therefore the decision of the Court of Pro-
bate was upheld, but the unsuccessful perty was allo wed
. his coats. The proceedings in the Probate Court only re- -
dated to personal estate, which seems to have been small.
4his left it open to the parties to try the question of
' ho Was entitled to the real estate in some other Court
and William Foster Charter filed a bill for admini-
stration of both the real and personal estate. There
were. two points in ' issue between the parties—first,
vihether on the construction of the will the plaintiff,
nptsvithatanding the decree in the Court of Probate,
Was entitled to the real estate; and, gfecondly, whether
t ' e costs given by the Court of Probate were charged
o the real estate as welleis the personal estate. '
' Sir H.lackson, QC,, and • Mr. 'T:'A. ':' Roberti. scP-
-1
p aced' forth° plaifitiff ;- Mt. ' Rii.ye, ;Q- a, Mr. C.: T.
itS mpson, and'Dr...Pritchard for the defendant.
tThe Vice-Chancellor held that, no fresh facts
r
h ving been broughtin evidence, he was bound by the
dhcree in the House of ,Lords by way of precedent,
and that the costs given were only a charge on the pro-
perty the subject matter of the probate suit, aml that
-fdr neither reason cduld he make a decree' affecting the
'real estate. He accordingly made a.common admit's-
tiatimx dearee as to the personal 'estate, leaving ques-
tions- of priorities to'sbe'determined when the facts re-
lating to the prosiesty ehouti be certified. '
• ~
..1 . . - • • ' •
lf HE ENCLOSURE OF COMMONS BILL.
' On Monday a deputation from the National Agricul.
tural Labourer's Union waited upon the Home Secre-
tary (with whom was, Sir H. Selwin-Ibbetson), with
reference to the Endosure of Commons Bill.
Minister Mr.
. Macdonald, M.P., introduced the deputation remark-
ing that he was sure 'n6 nister desired to 'do more
for thd gnat body of the .worklig• classes than Mr.
Cross.. I 14111 i. . •,,,i.:,i.: ::,... • -
Mr. Arch said that agricultural labourers were sure
Mr.' Cross would not do anything to injure theii-olase.
They felt, however, that the present Bill ought not to
have been introduced until they were in possession of
their political rights.. They felt that any proprietor
might enclose n common and stop recreation and other
advantages there , being no protection in. the Bill
against such. encroachment.' ' A working man could
not enforce his claim' against a wealthy landed pro
prietor.• Commons ought not to be enclosed at the
will of one or two persons, but by the consent of the
whole body of the people having an interest in any
particular common. In some places the proprietors so
enclosing had made hush promises of 4001 b. and 50 lb.
weight of coals at Christmas. The present generation
had no right to sell thgOseritage of their posterity in that
manner.. ' s ''''.
°the+ tnerdbers 61' 'fife deputation having spoken,
The Heine 'Secretary said he was afraid he could
not promise the postponement of the Bill, because he
should never have brought it in had he not thought it
absolutely necessary to do so. He believed the prac-
tical effect of the. Bill would be to put a stop to en-
closures; in fact, it was drawn with that object.
He had taken care that no enclosure should be made
until the claim of every person was considered, and
the object of the Bill was rather to lead "persons to
regulate and itnproits commons than to enclose theni:,-
I Whenever persons applied for an. enclosure they
would, among other things, . have to show to the
Commission that there was a special necessity
for enclosing and not throwing open. He had takeii
care that when the Enclosure Commissioners had
held their meeting they should give Parliament
every information of all that occurred, the number of
persons who attended, their objections, and everything.
The whole scheme of the Bill was to regulate, not to
enclose; not to leave it to the Enclosure Commis-
sioners to finally settle it, but to take the adjudica-
thin from them and lodge it in the hands of Parlia-
ment. The Bill saved their pockets, because, instead
of their fighting in a private way lords of manors, at
enormous expense, the whole thing wo-uld be left
to the decision of Parliament—a very inexpensive
machinery. He had suggested that there should be a
standing committee, composed of members of both sides
of the House, to whom every single scheme should be
submitted, who wonld decide upon the merits and the
soundness of such schemes as might be proposed, and
whether they should be taken up or not. Should
they think the claim ought to be passed, they, and
h
et.the,Seeretary of State, would recommend it for
She consideration of Parliament, when the Secretary of
state would bring in a Bill embodying the suggestions
Of' the .committee. • That would give opportunity to
everybody residing in a neighbourhood to give his evi-
dence both for and against, as the case might be. With
regard to the time of the public meetings, and as to the
publitity by notice, candidly he assured them he was
favoutable to plenty of both., :He had the words "in
the evening" as the time of meeting in the original
Pill, and they might be restored. If they could in-
brease the words of the Bill so as to give more adver-
tisement as to the time and place of meeting, he should
be glad. 'Then vsith respect to any one having a repre-
pentative to speak on his behalf, he could have one.
!Ile did nOt-want allotments to be too large 'and so get
into the handiof small farmers, but to preserve such
things for the class represented by the deputation.
Mr. Arch said that this object was very good.
1 The Home Secretary remarked that he must take
care that the acreage was equally divided. With res-
pect to the labourer being forced or induced by com-
pulsion or anything of the kind to sell for money his
rights in the land, .Mr. Cross entirely and heartily
agreed,with the deputatien, and he had by Clause 4
met that difficulty. In abswer to inquiries made by
the deputation, Mr. Cross replied that he 'objebted to
the ground being converted into **genie preserves. As
to labourers being represented in Parliament, he could
not enter into that political question. He had
dope all he could to make the Bill acceptable to every.
one. _ ;!a.is ,e, .
.•
1 c,, iseeets . .41'1 .1A I
•1 4.d.' 1 'MUSIC AND COOKERY; :osaK 04
.6so .1 :: - . . . (From Puna) . snigti
• „ ~ .., . . ,
. ~• a e
A meeting has beeii.beld at,'
the Mansion House, ri the .
',rd Mayer in the chair, .to aid the New Na'tionat.
\being School for Mitsie, sheet' to be opened at Ken-
- in, by the establishment •of free scholarships.'
everaf of these, the :great corporation, city
companies, and common councilmen, have under-.
taken to found. Not a word can be said against.?
this laudable movement .in the East, to pro-
mote harmony, antie..the study of counterpoint
and thorough base in the Wait.. But there is. another
edueational instithtiop, now in full operation at Ken.
singtoff,' whieh; We trust, will not be forgotten by city
opulence, appealing as it must do to tastes and Pursuits
which, for many generations, have been cultivated
with untiring energy and complete success to the east
of Temple Bar. It can only be necessary to name the
School of Cookery and its wants, to prompt the most
hospitable corporation in the world; the Fishmongers,
the Fruiterers, the Vintners, the Poulterers, the Cooks,
and all the rest of the festive city companies; and the
genial Common Councilmen of Portsoken, Vintry, and
every other ward in London, to endow, with loving care
and affectionate liberality, an establishment in which
they inns II feel the deepest personal interest—thereby
showing at while they are mindful of the wants of

Eh) gt
Sev,