The Express.
London, England, 1855-07-31 00:00:00

SOO= TOR MAR= OV ITO NOLL%

SWINT= IP. SWUIPIN.

This was a motion foe the appointment of a reeeiver,
which wee made under the following eirentustaeoss. The
plaintiff, Capt. Frederick Hay Swiefen, is heir-at-law of
the late Mr. Samuel Swittfon, of Swinfen-hall. in the county
of Stafford. The estate when Mr. Samuel Swiafen asc-
ended to it was much ineumbsred. Up to that time It,
bad been of extravagant habits, bat from that time he be-
came exceedingly persisoalous. He blocked up the prin-
cipal entrance to the hall, occupied only two of the rooms,
deemed like a husheadrau, mined among the labourers of
**neighbourhood. and lived in the same way. By this
mamba cleared off the ineumbreasse and accumulated a
considerable sum of money. He cultivated the perk hies
self, but let off the remainder of the estate foe about 1,7601.
• year. He had only ono surviving child, a son, John
Henry Swinton, bet with whom he was not on friendly
terms in consequence atlas latter having ocistracited • mar-
rho which the old gentleman did not approve if, sad John
Henry Striates sad his wife never west to the hall during
the lifetime of Mrs. Swinfen, the mother, until her last
illness in 1848. They remained at the ball fee some time,
and then left. The old man booms weak and helpless,
end his housekeeper managed his seta* and household. In
1861 John Heart' Swish* and his wife returned sad took
up their abode permanently at the hall, and the old gentle-
man made a will, by which he made kis son
universal legatee. In June, 1864, Henry John
Swinton died, and on the 6th of July Samuel
Swinfen made another will, leaving all hie pro
Dirty (except 201. a year to • servant) to Patience
Swinfen, the widow of John Henry Swint*, the defendant
in the present suit. It was also alleged that the defendant
had procured the purchase of government stock in her own
rams to the amount of upwards of 7,0001., which purchase
bad been male by moneys that had been in the hands of
the testator's bankers. In support of the motion the evi-
dence of Dr. Brans, of Birmingham, was adduced, to the
effect that, in hie opinion, the testator was not of sound
mind at the time he made his will, and this evidence was
supported by letters from two portions who were about the
testator at the time. On the ether head this evidence was
rebutted by the Untimely of Dr. Rowley, of Lichfield ; of
Mr. Bimpsoo, the town clerk of Lichfield; and of Mr.
Charles Setae', testator's half-brother.
Mr. Ramsdell Palmer and Mr. Robbins, having been
beard in support elute station; and Mr. Respell and Mr.
Cole contra,
His Honour said there were only two grounds for appoint-
iog a receiver, one was that the assets were in danger, and
the other was, the mineable chases of success by the
plaintiff. It was not alleged thut the seeks were in danger,
and he would not express any opinion as to the plaintiff's
reasonable chance of somas He should not appoint a re-
oeiver, but he should direct as issue devisavit vel non, and
which he thought ought to be tried by a special jury.

COURT OF

ref—Just 30.
•0018V1U4

larga 111.

IX RI 0. C. POSTAIIII.

The beakrapt eras a groan aad cora sad seed raerehaat
at Newmarket.

This was the adjourned last examination. Mr. Initiator
appeared for the bankrupt, and Mr. Aldridge for the
assignees.
Mr. Aldridge said that the accounts Wed showed a most
unsatisfactory trading on the part of the bankrupt. They
commenced with a deficiency of 9001., and in little more
than twelve months, this deficiency was nearly doubled.
The assignee., would, however, reserve all remarks as to the
bankrupt's conduct until the osrtifioate meeting, and
thought that the amounts alight be passed.
Mr. Linklater said the bankrupt must not be prejadioed
by these remarks.
The accounts were thea passed. The belanowelteet showed
the following result :—Defieiency on the let January, 1854,
9411. 14,. Id.; profits lace that time, to May 12, 1866,
—trade 4061. 12s. 81., commissions 881.6.. Bd.; expenditure
from lit January, 1864, to 12th May, 1866, 1,0031. 4s. 24.
Bad debts, made from let January, 1864, to 12th May,
1866, 143. les. 14 ; due to creditor' unsecured, 2,3231 71.8 d ;
to pay with—good debts 2181. Os., property given op
3291.125.; aellitleacy 1,7771.9.. 44.