The Express.
London, England, 1852-03-09 00:00:00

lain intellisma.

HOUSE OF LORDS.—YErnsaDAY.
AMA!" /MOM 16111 Iltas Cover OICAMOCIULT 111 iblowas.—llanez
rue Law CuurciLies. lees liainewx, Aso limo 114 is amp

ems.
Ds Ibuovoin r. De BBAINO/111.
This we. an appeal against mu order made by the late
Vice-Chancellor of England, allowing a demurrer for want
of equity. Sir John Edmond de Remuele, Bart., is the
appellant, and Mr. Richard Benyon do Beauvoir the
respondent, and the subject matter of the snit is the resi-
, daary personal estate of the late Rev. Peter Beauvoir. of
Downkam-hall, in the county of Essex, which, under as
ultimate limitation of real and personal estate to his own
right heirs contained in his will, is claimed by the 'pullout
as the primed representative of the testator's aisle next of
kin, and by the respondent as the testator's heir-at-law.
TM Rev. P. Beauvoir was at the time of making his
will, on this 27th of July, 1800, and at the time of his
death, in September, 1821, grimed in fee simple of
divers real estates of large value, and was poured
of personal estate and effects to a large ammat.
By his last will and testament, which was in
hem own handwriting, end executed and attested in
manner then required by law fur passing freehold estates
in fee-simple, he, after giving divers pecuniary legacies.
gave to has godson, Richard Peter Which, son of Martin
and Harriett Whi,h, the sum of 6,0001. 41. per °entail
Consolidated Stock, with a power to Martin end Harriett
Which, to make use of one-half of the iatereet arising from
the same, towards the defraying the expenses of the edam
titan of the said Richard Peter Whish, till he should arrive
at the age of 21 years, when the above the sum, with the
weumulatious, was to be paid to him ; but if the said
Richard Peter Which should Lie before he arrived at the
age of 21, the testator then gave the 6,000!. to Martin
Whish and Richard Benyou (respondent), " and their
heirs," during the natural life of Harriett Which, wife of
the said Martin, in trust, nevertlselem, to permit the mid
Ilarriett, during her natural life, to take the
thereof to her separate use, and with a power to=
leave the 6,0001. by will to her children 4gftbua by the
said Martin Which in whatever proportions she might
think proper. The testator, after reciting that be wee
seised in fee-simple of divers freehold manors, or
reputed manors, messuages, lands, tenements, rents,
and hereditament*, situate in the parish of Shore-
ditch and Hackney, in the county of Midelle•
sex, and in the Haymarket and James-street, Wust-
zunwer, and In the parish of St. James, Cripplegate;
and of a leasehold estate in Pall-mall, called the Mar and
Outer Tavern, and a house adjoining, in the parish of St.
James; and also a eopyhold estate at Vauxhall, in the
county of Surrey, let on building lease to George Brides,
which he had surrendered to the use of his will; and
also of freehold estates in the town of Brentwood, in the
parishes of Downham, Wickford, Itantsdm, Benham*,
South lianningtield, Bruited, and Foltribury, in the count
of Essex ; sad of large sums in the funds of England—did
thereby give and devise, after his just debts and funeral
and testamentary expenses and legacies were paid (which
he ordered to be paid out of his personal estate), " all kis
Mutes is the fun of England," and alibis said manors, or
reputed manors messuages' tenements,
lands, tenemen, tithe*, ike.,
re wheof be had power to disuse, unto Edward Kenyon,
since dereued, second son of the late Richard Benyon, of
Englefield House, in the county of Berkshire, and his as-
signs, for his life, without impeachment of waste, with
remainder to trustees and their heirs during the life of
ea mil E. Beige's, upon trust to preserve contingent
eelnlieders, with remainder to the first and other sons of
Set lady of the said E. Denim, lawfully to be begotten
esegeolly and successively, one after another, in order and
mune as they should be in priority of birth and seniority of
age in tail male. And for default of such issue, the tes-
tator gave and devised the same unto Charles Benyoo,
since deceased (third surviving eon of the said R. Benyon,
of Engle tield), and the first and other of his sons under the
ammo limitations beforementioned. And for default of such
issue, the meant gave and devised the same to the roun-
dest, Bichsel Rayon, the eldest son of It. Benyon, of En-
nletleid, sad Me list and other sons under the limitations
beforemeoligessie and " for default of such issue, I give
and devils the auras to my own right heirs for ever." The
testator dma wedded that it should be lawful for the seve-
ral pars elleo mil as they should respectively become
tenets is pommedem of the said manors' meesuages, lands,
M., to demise di or say part or ports thereof whereof they
=sly AMU be actually in possession by virtue of the
kaiaks' will, for the number of years, and in the
11111111. OA IFS the terms and conditions mentioned
wed 16 said will. And the testator also gave
mil to the aforesaid Edward Benyon all kis
smeams molest of shells, ivory tankard, pictures,
busts, aMilee aid all other his curiosities, and all
his ; and after giving certain other pe-
suniary impodoemei providing for the continuance of his
housekeeping hr • certain time after his decease at his ex-
pense, he dimes& that any paper in his own handwriting
found enclosed in his said will might be considered as part
of his said will. The testator subsequently made two codi-
eils, dated Ilmil April, 1808, and 12th Septem-
ber, 1821, wbegokbe et his wearing apparel and
gave several possolsoy bat did not in any manner
alter or rink* the several devises and bequests contained
in the will, and Mast in any manner enlarge the same so
ne to imbeds think ma part of his personal estate which
Mee all digkel eV lie add WIIL
ilittelftelldilesesterwessatisit
teiteB,easibsj;•4 nod
sole red a kis, Igrir t;
re-
aliiii"aowv,e gm will, A..e:a
41111gign of
Vrwenem estate and ellsole," Misr
other things, of divas leasehold ostaies, betides*. men-
tioned and described in the will • and of 11611111. be the
Three per Cent. Consolidated BUM Annuities,
Three per Cent. Raked Beak Annuities, =IL
Navy U. per Cent. Stock 111,1001. 41. per Cent. annuli-
dated Bank Annuities, 96,0001. Oasis of the Bank &Eng-
land, 49d1. Stock of the Helen's 800 Company; 10,0001.
secured by covenant and deposit of kelt relating to cer-
tain estates in the county of likkikte; dashequer Bills
for 3,0001., and of a ma Ukase et lie Hiker's of
28,6601. 12s. 3d., and some arrears ef meta owl tithes, sad
of jewels, plate, furniture, and other peuely sodmot
various kinds of the value of 1,4721. Bawd. -Baena
Benyon respectively died is the lib time of the testator
without Maytag Issue, and the megoodeet thosay became
and now is the list meek tee We in sem mbar the testa-
tor's will. The immemdest boo sever had any sea. By the
' death of Mai Nara la the lifetime of the testator,
' the bequest of the testator's dianstade, pink de., become
lapsed. Ursa the testator's death, the soopemiser es midi
fires lomat ter Ilk intend late the pmesedia sad reedy.
oldie stole of theimemme of the toolatee's reel sad pis.
used Mete, sad alleged that ell the todkotte peeesael
abet emit set enly his said property is the hods of Eng-
Ind wit ssogrised in the bequest esakimed in his will.
.1011)euipll (who afterwards beams the wile of he
. thoa John Edward Booms, Bag., sithestusallg
MMrr. !lea I. Beeson, Bart., and whe hes demo emelnilld the
MN of D• Besuvoir, and is her pmetwal
halve) se tee teetator's mole nest of Wm oleimed
le le added to the pommel elate
the sleek la the hap of deaktrod, CV
dividends whereof the empeadent was NOW hr lie V 6
under he will. fa 11111., a 1111 having hew Med by her
the ommotose of the twattort but osalked to sea
a eimpo orb woe ream es. la UM ale wooded the
Fat
; la ke sem year Ms. Mortim Irk* died. sea
adest_ thereby beams tbe sok ossestm sail WNW
of
the teal tars will. The sgpollewfs wife dial is lid,
he larks bike will glum id bar rights sad Wend
mike the mid of the Motelse, Res next of Ma, end A
dike, gregarty, and Weak la say way vested la her Is
he "pia% sad his sole 01FAIS1111 of her will.
The applaud the will of his wife, sail at the Mk
of
Mask be lied it MB in the Cask of Amery
egalest the nigiedeml. ehsWeg inter slia, that weerdisel
to the au otaftoodea of Ike will of the Bev. Peter Beau-
voir the es the wised repommetatlve et Mary
M. was abeskiel 66116 make tbe dud
in favour of ghee histolses stabs laic
k remelader espeeteat MI the 686 of the re-
oriaket without leaving any sea, le al ho pew
estate and effects, width were someeked in
' sad sailed by that heatable' ; sad that the mend or
tate ought to be secured fee the !..alt of the suogoodeat,
as weal foe life under the mid will; sail flor the basalt
of the parties who would be added dmielle maw the mid
limited's, ia the event of the died et lie finfilailost with-
out Mavin bees male, sad them ingot het the tresto et
the Noteeer's will might le ended esit lake the doeskse
' of theesset. sad shot the
i:lt wee added te ell the
whisk' to the tosetaer at the
=ll:l27selet7 , sod the dna% iseaddleile•des
at beddilemmate thee represomdes the more; and MN sa
Enight he oaken, &a. The pusgsmient demurred te
.hr meat of equity. The demurrer was -Et
the late Tioe-Chemeellor of Bastrai, in •
wad kis Weak ordered that the MINIIIMIt dwell glowed,
with eesb to be paid by the *palest. (Begarted lf dims,
,113.) From that order the plaintiff mew smiled.
Mr. Rolt, Mr. Maline, sad Mr. M. Gilled, is moped of
the appeal, urged the reversal of the mar ea Ore porde r
Int. Immune, by he *lowa I, the "lin blew,

•Ostiseidia-wai altribetiO, imi ma

ethos glees, le the will of the Weir ; sod, seredly,
bosuns the Itelrnbiaw sever tubes puma sets* swept
r perm end the ma mei by tbs tsslsMr
WY the neetlargilets," whisk yr viol by Mr Is there
the ream essensen te posses' perry.
Mr. Mir Cid& Win Mr. Lee Mr. Erskine) wee
fYsenNssefs~via the segsrest for the sagendent, when the

MIMS fil.ollAlKoLumi Bat him !Ana.
GOLDONI:. O. I= TIMIS, OF Tin BIZILIXII
Deals.

Ss lajimallss was ss the Mk of January Ist panted
by the stiol. as the modes of the &SUM who sae see of
As maim albs *adenoids& ravisstsisith. daltarlssio
mai Os ssioysri of the Illninbasi Dais Ms wiring
any of the hrb the Masse Oa sal or es.
posses of isllsilbe ss sat af Ism
of dr 1111 Desks.
foal by stspasy ists psollasast, ssi vas sail a flest
tins, sea tai sassed maw ses Owl it Is 17th bd.
pedbraislory awn& silky hr
811 W Ma
MI sere Ow sprordfslit seas sf As asi ea
thdr Os make to do at the Hiss
M Osmirs sea arirmas of it was
WV
pumper OM Os maw amid bo graft to cs
WV of the ply spat.
Mr. TAM ash Mr. hos sow stated tbs above
assistsmas as/ WI As paellussatary somas wars &-
dress at Sabi stall was idebi, bet tier wen maim to
avoid all Sok of osamllitiry toy broad' alba ssmass.
I 14. Dans sat Mr. Osilmaii opposed wit