The Express.
London, England, 1862-03-21 00:00:00

LAW INTELLIGENCE.

(THIS DAY.)

EQUITY COURT.
(Before Vice•Chancedler Wend.)
emu Toe r. BIAIL,DIOI.-I;IPTA IC OFIFOLOIT OF MA S&
This was a special cues, trowhich a point wee mated es to
gift. is restreiat of marriage of • novel diameter. The
• inestioa was this, whether a testator meld
lawfully attach to • devise a cooditioa gi=be
st over upon the marriage again of a widow
other than his own. la the will in this case the testator
gene cerium property to trustees upon trust, while hie
great oirpbsw, W. Derbyshire, was under age, to Pay the
income to Catherine Derbyshire, the widow of his
nephew' she maintaining the child, and after the attain-
ment of 21 by the infant. upon trust. to
resume
to the said Willie= Darbyshire. There were other
proviikes referring to the other children
of Catharine Derbyshire. The will also coataine.i
a mescal proviso that, in aura Yrs. Derbyshire should
many again, the gift. for her helmet should paw from
her sad go in the manner stated in the wilL It we to tees
the lesallity Mat the Emma precosilinp were taken,
=lre her in f..tet mesuried, awl being now Mrs.
The ewe was argued by Mr. Barber and Mr. Archibald
Smith ; Mr. D. limbs was fur the trustees. _

lbr Vismehaacellor remarked upon the singularity of
the fact rat the prat in this are had oseeryet, so far as be
raid mortar arisen for direct decision before the aorta
of this ...retry. That • men could attach such • oonditiaa
lozatift to his airs widow wee perfectly well estathinhed,
sock • premien was • matter of day occurrence, bat it bed been argued thelerr,
was against public pol' (as in restraint of raw
rage) that such • prwidon should be attached to •
gift to ryas, sine's widow. The only authority which had
bra cited r apparent!) directly is favour of this corr.
tine was • dictum r Hisooe's " Abridgement "—a work of
girt authority, no doubt, bat varying in its accuracy
an Merest park. He b.id referred le the= cited aid
had traced trek the reburials' la the ern wagon which it
wsaid to by founded, sad be Weems ke melon tbst I
such astaseilies did met bur out the pseilioada Bases. Olime
autreities,re, had hew aryl baatiag, dam* sN direstly,
de lb, port. His Hisser
Wend to than aalimillia and
lamas' lima, hat Ws poetise of He -
west was too tearer to be of ia-
terest. Trying th• tipcs then,
it could hardly he said that • the
mac an this car wail spirt the policy of the law, for
• bashinil might certainly ran it to his gift. if sot
against public policy in or are, oould such • gift bei against
t.b.4 policy la rather. It sad to his Hoerr that this
Lit lucstion art be aassrend in the negative, sad be
tb, rigore held that the ixeciltios was • valid on., sad that
gift to Mrs. Hand's west am co bar woad marniage.

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
rno Knox r. 1110111710/1 AND wruarretw.
Mr. Woollatt and Mr. Day appeared (or the petitioner ;
Pr Wad dove and Mr. Seath far the reepoadirat.
The petittooer, a clerk to • wine merchant in Load"
married the respondent, • domestic .meat, in 1858, having
previously kept her for about two yearn. He afterwards be-
came pouseesed .4 a small property, sag lived upon it with hie
"de at Bromley for some time. There were two children, on.
bora before and the other after the marriage On the pert
of the petitioner, it was urged that the respendeet's aou-
dad had latterly become very bad, and taus in May, 1800,
be was actually obliged to apply to the mew
&Oates for protection against bar videos& After
thu a separating was agreed upon, the petitioner epee* to
allow the respondent • pound a week for her ensintenanes.
The co-respoodeint was • Germs; sad be had made the
acriestatance of Mrs. Thompson while visiting a Pm=
of Ida, earned Lomas, who lodged at the es me
There has bees • greet deal of litiptioe between theCive.
I o the first instance they commenced crams suits ler a *Meld
separation, both of which were dismissed ; sad Hrs. p-
sou has now on the files of the court a suit for restitution */
her conjugal rights.
Evidence of great familiarity between the respondents
was given. Areoupt other thing it was peered that Mrs.
Thompson had told Sturmfels that if he loved her he moat
cutoff his moustachios ; which be did the sett day. (Langli•
ter.) The landlady of the house also deposed to appear.
antes which had led her to the belief that two persons must
our
tiy day have been ly tog oo the neepedent's bed in the day

Tile ore was proceeding when we west to Peal

COURT OF BANILRI7PTCY,
Were Yr. Commimioser Hohoyd.)
111 Ili DI LABILLIVILLL
The bankrupt, described ea a professor of Isagmil.a!
Camberwell, applied for his or of diacherge.
14701. ; meta of trifling amount.
Mr. Dori& opposed, for Messrs. Shoolbred and Co., ci
Tottenhamoocirt•road, creditors for lax The champ wee
that the bankrupt had contracted this debt at a time when
he was negotiating F. raise money on his fugitive, and,
consequently, when he was without the weaned moss&
The bankrupt, who la a Frenchman, made a hug and
Impaesiosed harangue in the witneeebox, the purport of
which appeared to be that he bad been imposed upon by
Hu
partial.
His Honour said it was clear that the bankrupt had
been in stmiteeed circumetaneas for a searaderable Mate.
I)wing upwards of 1.1001., is May, 1811, he monied
lady having a gond house of furniture. Meese,. Bhoolbred
naturally supposed that the furniture was his, though it had
been pared by a bill of sale ; sad the debt had bees clearly
ceetrected without the means of payeaest. Making allow.
anoe for the baakrupt being a foreigner, the order of die.
chugs must be suspended for twelve months, and protection
would be withheld.

IN ne PACE JOIN CANPULL NIDPOID.
The baakrupt, a elerk in the Admiralty, ia Sonamet-
house, applied for he &wham. The hintary of the ems
has been frequently given 10 cow:wake with the caw of
finnan' and Sommer, whose orden hare been tel.
Mr. AL.iridge, the crown solicitor, o ; Ha/1
steported.
The bankrupt, in naminatioe. stated that he wee only •
esperaunerary clerk, receiving 1001. a year.
Hia Lloaour maid lie Older of deeltarge would be granted
coad~tior a.ly, a• hi MS* aside for his creditors what he
aught banshee elealea beyoed 1001. a year.
THE POLICE COURTS.