The Express.
London, England, 1852-11-03 00:00:00

RAW intelligence.

EQUITY COUltTS.—YzensanAT.
Sanw►e ♦re toes rasawc•tioe.
In eousequence of the Lord ChasiceLor having rcectred
thr JodSts. Queen's s.:orsasel, 4c.. at hr, akfast. as o.ual out
the tint day of this Turn. bis lordship did sot take his seat
10 court until half peat 1 o'clock.
At the sittiag of the coast,
Stuart leek the usual oaths.

Sir John

II wails° v. Boma. Lthau.rrthe or Pnasonat,
RIPItISINTATITU WITS Uuh.OD TO DILAPIDATION'
This was an appeal modes made es behalf of Mary
Boyer, formerly Orilla, use of the defendaats leader • de-
cree of Lord Chancellor Tree°. It appeared that the testa-
trio is the original emus was Lillah Taylor, who wee the
legatee oh:ottani leasehold premises, and by the leases cer-
tain rents were reserved, and certain commas were re-
tained. Lillah Taylor by her will bequeathed the lam-
holds in question to Richard Ashby, subject to the pay-
ment of the rests and performance of the covenants
contained in the lease, sad James Boyer was left residuary
legatee. On the death of the testatrix, the property was
found to be mash dilapidated, and a question arose hawses
Ashby and the naiduary legatee as to who wee to bear
the burden of repairing the premises, and two of the see-
eaters filed a bill sunhat Boyer and Hireling, two of the
elevators, and against Ashby, the legatee. The bill wee
filed in January, 1810, sad 'because was heard before Vise-
Chancellor Wigram, in May, 1842. A reference to the
muter was directed, to inquire as to the liabilities in respect
of the leaseholds The muter made his report, and the
cause came on before Vier-Chancellor Waren is July,
1844, when he decided that the residuary legatee of Lillah
Tayloe should bear the cost of the repairs, eau that Richard
Ashby should have poesesaion of the deeds, and be put in
preemies of the property, sad that the Teat. received sines
the death of the testatrix should be paid over to him. He
was accordingly put into penurious of the leasehold, and
shortly after died, having appointed one Blake hie executor,
although he made no alma of the leueholds. The exe-
cutor sold the leaseholds, and divided the whole estate
smug Ashby'. next of kin; and this ma took plain in
1847. Before anything further was dose Blake
d;ed, and appointed Mary Griffin, now Boyer, his
solo executrix, and his property was sworn under 2001.
This was before the degree of the Vice-Chancellor

was disputed; bat In Not. 11349 there was ea appeal by the
residuary legatee against that decree. The appeal mate ors
before Lard Truro in November, 1861, who reversed the
decree of the Vice•Chaocellor, de'elariag that Ashby took
" ' ' he

Imonion a th• WIWI, -"runt mere.' and that be was
Mud to do all that was required by the loam; and this
therm required Mary Origin to do certain thing against
whisk she now appealed. She was only the personal repre-
sentative, through Blake, of Ashby. The decree directed
that Mary Griffin should deliver powsegion of the leaseholds
bequeathed to Ashby, and which bad been sold by his cis-
SOW, Slake; and that Mary Oran should make the sear
sEyeiap as airs ; and that she alsouM be at liberty to take such
in she should be advised against the under
; and that if sks did not do so, the representative of
the residuary legatee should be at liberty to take such pees
ceedinp ; and that Mary Orilla sheald repay to the re.
preerneative of the residuary MOM the NW and damps
which he should incur is Mr peermliega at law ; and,
lastly, that the Wee &WI be hinds/ ea Mary OWED
unless, within the meet* the dowel eases to the contrary.
It wee math the agar Set this appeal wee asked.
The lad Climillur Maid that Mary Oniall was liable
ha bit_ iIIPSIMISIMINIAINIIMIT only, and therefore as such
eilMO to the extent of the ones, and no farther ; she
sim be liable poessaally to the obligation in question.
.111 111•111 be Awed.
lilkMalie. ea the pert of the bar, made an application
II lb tereldp te reedmil the order be had sails Air holding
Me dttiaps of the emit, of equity at Westminster during
Me mama term.
Kr. Campbell the tined that
wellould be greatly for the
110•••11i11111111111 the oath= • as the bar ; and aded
that as maim the sew lit of parliament the equity j
were to sit at chambers which wcre situated at
inn, it would be far more eocveniont if the courts OM

His lordship, after expressing a strong opinion in favour
of the continuance of the ancient feeling in favour of
Westminster Uall, and his wish that no separation shoeld
apparently t►ke place between the mammon law and equity
bare, acceded to the request of the bar as far as regarded
the present term, stating that be was mach influenced in
yielding to the request made to him by the fact of the
other equity Judges having to sit in chambers at Lincoln's.
inn.