The Express.
London, England, 1855-01-23 00:00:00

BANKS V. DAVIS/.

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This was a petition presented by an infant and his wife,
who vas above 21 years of age, and vu a party to the above
sane& TM vas entitled to a legacy of 2801., which was in
the eeriest of the trustees of the party by whose will it was
gives. the polities prayed payment of part of this 2601.,
oath, wile's omen% es the husband for the rupees of set-
tint him up is lissisere. • preliminary poiat arise as to the
manner In which smelt a petition theta be entitled. The
'stain gametes* before the seen were, whither inasmuch as
this legesp mu a " eithei Is ashes," whisk the husband—
by man of hie theamer.thesidi see reline into possession,
it was net is ethos •spades al reveniumesp inmost, is re
apect of *Mob the wife scald give no musest, and the court
could emeausently sake no such order as the one asked ;
end, seessity, is are the order could be made, whether, as
the limber' *OS die seder 21, an insurance ought not
to be albelled ups lie life, or unul he attained 21. to gua-
rantee the payment of the legacy to the wife in the event of
his death under that ace.
Mr. Morris appeared for the petitioners.
Mr. F. 8. Williams, appeared for the trastees, who sought
the indemnity from the *nut, and referred to a sue of
" Phillips v. Phillips " (1 Kaye.)
His Honour sag be thought there would be no difficulty
in altering the title of the petition, by heading it in the
matter of the infant, u well as in the muse, and any order
then made upon it would be a perfect indemnity to the treyl
tees of the will With respect to the other questions, the
husband only naked a portion of the fund, and as the wife
wished to waive, u she might, any insurance on account
of the 'spews, end u the insurance, if made, would have
been for her benefit, he thought she might consent to the
payment of this mousy to her husband, for the purposes
stated ; especially as the application of it was to be superin-
tended by a gentleman in whom ell parties had great confi-
dence. The wife's interest in this fund was an interest in
possession. To direct an insurance for even the period of the
husband's minority might be to impose a burden upon bim,
sod hence, under the circumstances, his Honour ordered the
application of the money, as prayed, without any insurance.

MIL ►ut WOOD.

HOSKINS V.

The object of this suit was to administer the estate of
James Robert Matthews, who had died at Florence, in 1850.
The principal question was as to the domicil of Mr.
Matthews, and the facts of the case may be shortly elated as
follows :—Mr. Matthews was born in England, of English
parents, in 1778. Early in life he entered the Swedish
military service, from which he retired with the rank of
captain at the close o. the war in 1815. In 1818 he was ep-
poletild Britian Consul at Cadiz, and in 1822 was appointed
esesul le the English government at Lisbon, where he con-
Weed till the disturbances in Portugal of 1833, in which
year he retired to England, end succeeded in obtaining a
retiring pension of 6001. per annum from the Foreign-dike.
The period between 1833 and 1838 was spent by Mr.
Matthews partly in England and partly on the Continent.
Early In 1838 his wife died, end later in the year, upon the
advice of Sir Benjamin Brodie, Mr. Matthews proceeded to
Italy, end in May, 1838, purchesed a villa, formerly the
property of the Lorenso family, three miles from Florence,
underneath the Appsnines, which, with the exception of
short its to England up to 1845, wan his residence till
his death in 1850. Mr. Matthews :had executed a will in
1845, disposing of his property invested in the English funds
and securities upon certain trusts. This will was executed
in the form presmihed by the Tuscan code, with the excep-
tion that it bed not been deposited with a notary ; the effect
of which, es stated by • Florentine advocate, was to render
the instrument inoperative in Tuscany, but not cull fer all
purposes. In this will allusion was made to a holograph
I codicil in Itali sn made by the testator in 1843, end disposing
of the property reel and personal located in Tuscany es his
" Tuscan codicil." The questions in the can turned upon
the effect to be given to thee. instruments, which had been
both admitted to probate in England ; the first point to be
determined being as to the domicil of the testator at the
date of their execution. &veal passages were cited from
It tters of the testator, who had corresponded regularly with
I Mr. Turner, one of his executors and an intimate friend, to
I show that he was firmly attached to England, and always
stitirtained the hope of returning to end his days there, and
ithat he disliked the Italians and their Emmen, though his
state of health and his own inclinations induced him to
prefer • warmer climate than that of England. It
also appeared that he had an account with three
London bankers, and bad the pester part of his
fortune, which was vary oonsiderable, invested In England.
The magistracy of Fiesole had in 1849 conferred a patent of
nobility upon Mr. Matthews, in emideratioe of distin-
guished service readered to the state by Mmelineting • road
up to his residence, and of the mastemed Yew amounting
to about Nil.
Mr. Role, Mr. Willeeek, Mr. Chandlees, Mr. Headiest,
Mr. W. M. James, Mr. C. Hall, Mr. Selwyn, Mr. J. V.
Prior, Mr. Collins, Mr. Cole, and Mr. Cottrell appeared for
the several parties.
The Vies Chancellor said that he would at once give
judgment upon the question of domicil, although he mast
take time to consider the remaining queetiens which had
bees raised in the ease. Ansming the testator to have re-
covered his domicil of origin at the termination of his
Swedish genie,, his position as to the alleged Tuscan do-
micil was, that from the position of his health he bad been
impelled, by the advice of Sir B. Brodie, to try a warmer
climate. He had preferred • southern to • more northern
country, and had been unsettled and without any fixed
prospect of an eetahlishment in England. He had gone
abroad, and ultimately purchased a villa near
Florence, and this eireumetanoe, though not in itself
conclusive, was an important link in the chain of
evidenee. He bad acquired a filed and permanent abode
at • time when he had no other, and had thus obtained a
fo:eige domicil de facto, and it only remained to be consi-
dered whether it had been obtained ex animo. Some
doubt might hive arisen from portions of the correspond-
ence prior to 1840; but, after that date, not a single trace
appeered of any intention or expectation of a permanent
return to Blighted, though his attachment to his native
country continued undiminished. The inditie afforded by
the codicil of 1843 were that he had made this villa his
home sad residence ; that he bad been aettistoxaed together
his family around him there, and taught them to look
upon it as their home. Here it was that he bad set
up his domestic laces, and it was this place
that relined the conditions of domicil laid down
hi the jurists. There was nothing to be Pined later than
whisk militated against his fixed intention of living
Bali ;his at his Florentine villa, although England still
might -mania the place of his affections. It was not the
Mee et a assn galas; by the advice of his medical man to
Illellske far • palled bat rather that of a person of per-
ememenity week sonstittition being as it were morally eon-
Medea by the state of his health to fit his abode ie a
ellen* more suitable to his constitution. Hie Honour,
after observing that he entirely minted to and adopted the
remarks of Sir John Didion, in " Jaaeaville v. Aderson,"
before the Privy Council upon this subjeet, said that he
nut held the temator to have beta domiciled at the period
of wale( his will in Tuscany.

COURT OF QUEEN'S BENCH.--.lAx. 22.

ermirsa ill

awey ineewrie axe swerrioir.
The coif prosowled with the new Vial paper to-dep
Nose of the twee were of a nature to evil for a report.

POSIXII. OP TAB COURT.

The court milaiirnbaiico ion7heliai,7th, and Bth of
February, after term, and will deliver judgment in cases
standing over on the 22nd February.

00UNT OF COMMON PLEAB.--7rAN. 22.
SIMMONS MI lIMSCO.-MXPOILI MOW IMMO lIIMMIN ML MJIMICS KAMP.

AND ANOTINZ IL WASSON AND
COVNTIr COURT APPEAL.

The plaintiffs in this ease were in business at Manchester,
sad tire defendant. resided at Oxford. The defend's%
by wed of moulds, gave an order at Oxford to the plaintli
fee psis obi& were to be sent by the Landon and Nee*
Westinem/seway. The present nation was commenced
11'61kmMeter County Court to recover the price of these
gals, sad judgment was given for the plaintiffs for
$7l. tia. 4d., but the matter now came before their lordship.
1 upon an appeal, on the ground that the judge of the county
curt had **jurisdiction to try the cam. It kad been con-
tended before him that the cause of motion had not mien
within the district of the Manchester Court, but he was of
opinion in point of law that the delivery of the goods to the
railway company wan a delivery toteli defendants, and,
that as that delivery was within the district of the Man-
Ouster Court, therefore the case was within the jurisdiction
of that court. He accordingly gave judgment for the plain-
tiffs; bat if their lordships should be of opinivn that the