The Press.
London, England, 1854-07-22 00:00:00

682

Saba not Volta.

A somewhat PERPLEXING CASE OF SURVIVORSHIP
came before the " Master " at the Rolls' Court on
Tuesday last. It appears that a Mr. and Mrs. Under
wood, of Bumstead, Essex, made their wills on the
4th of October, 1853, in contemplation of going to
Australia, by which they both made a disposition of
certain property for the benefit of the survivor of
either of them. Mr. Underwood left his property to
has wife for life, provided she survived him, then to
his children; and, in case of his wife dying before
him, or none of his children attaining 21 years (or,
if a daughter, marrying), then demised the whole of
the property absolutely to his friend Mr. Wing, of
Bond street. Mrs. Underwood left the property over
which she had a power of disposition to her husband,
provided he survived her, and, in case he died before
her, then also to Mr. Wing absolutely. The whole
Underwood family, consisting of Mr. and Mrs. Un-
derwood and three children, embarked on the 12th
of October, 1853, on board the unfortunate ship
Dalhousie, which was wrecked on the 19th of the
same month off li.michey-head, when every soul pe-
rished, with the exception of a seaman named Read.
The question for the court to determine was, whether
there was any actual survivorshop either on the part
of husband or wife, in which case Mr. Wing would
possess certain rights under the will of one or
other of them. Evidence was taken from Read, the
sole relic of the wreck, who stated that Mr. and Mrs.
Underwood were washed overboard simultaneously,
and apparently perished together, but that a daugh-
ter was seen clinging to a floating spar some minutes
afterwards. Judgment was given accordingly to the
effect that no right of survivorship could legally ac-
crue in behalf of Mr. Wing, but that the next of kin
to the daughter, whose life seemed to have been most
prolonged of the whole family, succeeded to the inhe
internee.
JOHN MANGAN, a discharged private from the 4th
Foot Regiment, was charged at Westminster Police
Court with begging and with unlawfully having his
uniform in his possession :
The accused was found on Friday afternoon last week in the
heart of the recruiting district at Westminster, in the full uniform
of the 4th Regiment, with the following inscription upon his
knapsack:—" 1 have served in the army nine years and ten
months, and was eight years and nine months in the East
Indies. lam now discharged, disabled of my right arm, with
tid. per day for six mouths. I have a wife and children, and am
unable to work. I have some matches to sell."
Mr. ARNOLD said be should commit him for a month to hard
labour, and if found again in the uniform would commit him
under the Mutiny Act fur six months, in default of his paying a
penalty for that offence of 201.
Lieutenant Wyndham read the following list of discharged
soldiers of bad character, who, availing themselves of the sym-
pathy at present so strongly excited in the public mind, were
making a rich harvest by mendicancy : A private of the 9th
Foot, acting blind, near Westminster-bridge; one of the 43rd,
same affliction and place of resort; one of the 07th Regiment,
picture of Ce11i..., Tottenham-court.road ; one of the 50th Regi-
ment, performing manual exercise in the streets of St. Giles's ;
14th Light Dragoons, begging community, about in uniform.
To these was added snottier of the 22nd, who recently imposed
upon Sir W. Napier.
• JUDGMENT was given on Tuesday last in the Insol-
vent Debtors' Court in re W. S. Blackstone, late
member of Parliament for Wallingford. The Chief
Commissioner prefaced his decision by a minute
recapitulation of the circumstances of the case :•-•
Mr. Blackstone, he said, obtained an interim order in August,
1852, and, instead of appearing on the day appointed, he went
abroad. Being arrested, he renewed his application, and was
heard on the 11th of June, and had been several times since
then before the court. Insolvent had resolved to purchase the
Poniatowski gems, and had made charges on his property for
that purpose, with the view of making a large sum of money. the
last of which charges was in May, 1645. In 1644 Mr. Blackstone
had issued a number of acceptances, and had become a victim to
bill-discounters, some of whom, whose names had been men-
tioned, were well known to this court. Ile had been robbed of
hills by persons who pretended to get them discounted; and
it was to be regretted that no means had been devised to bring
au:h persons to Justice. In the summer of 1845 the career ant
Mr. Blackstone came to au sad, and it was on the sth of August,
1815, that the estates of the family, or rather the equity of re-
demption, were sold to a relative, charged, it would seem, to their
full value. The sum agreed upon for the property was a fair one,
nothing having been said to the contrary, and the price was
11,622/. The incumbrauces, in the shape of mortgages, were
4:40002., and shortly before the sale a number of judgments were
registered. All that remained of the property was 4,5001. Of
the sum Miss Blackstone had a claim of 3,8641., and the Walling-
f ird Bank were creditors to 8001. There was only 8321. remain-
ing for the trade et editors. With all Mr. Blackstone's desire to
benefit these, there was not sufficient for them. The case was a
must calamitous failure, and hail resulted, in a great degree,
from want of discretion. It was free from vice as to the credi-
tors, but it was not one in which he could say, in the words of
the act, that the debts had been acquired " without culpable
negligence." lie was, therefore, not entlUed to grant the insol-
vent his final order.
The case was then adjourned sine die, and the in-
solvent returned in custody to Oxford Castle.
THE PREMISES OF MESSRS. CIL&PI'EI.L, the well-
known musicsellers in Regent-street, were the object
of a daring burglary on Monday morning last. A
p rter who slept on the premises was awoke by
some disturbance, and, on getting up, saw two men
on the stairs and heard the clash of brass instru-
ments thrown down. Ile called first for a gun and
then for the police, end, on venturing down stairs,
found that the thieves had escaped over the bal-
cony :

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