The Express.
London, England, 1848-03-22 00:00:00

tato Enttilistutc.

HOUSE OF LORDS.
RICKETTS r. TURQVAND.—W
EXTENT or DEVISR.--This was an appeal from a decr e of
the Master of the Rolls. The appellant's father, G. C.
Ricketts, in 1802, purchased a mansion in Shropshire and
164 acres of land adjoining to it, called the Ashford hall
estate. On the marriage of his eldest son, the appellant, in
1804, the father charged part of the estate with 4,0001., for
the benefit of the appellant, his wife, and children, and in
1806 be by his will devised all his estate in Shrophire,
called Ashford-hall, to the appellant and soother in trust for
sale, the proceeds thereof, after deducting the said mortgage
or charge of 4,0001., to be in equal proportions divided among
his sons and daughters. The testator died in 1811, and the
appellant and the other trustee, acting under the will, ad-
vertised the whole estate to be sold, and after some time sold
part of it. In 1831, one of the appellant's brothers be-
coming a bankrupt, his assignees tiled a Lill, in 183 u, for
an account of the rents and profits of the estate, and for
a division thereof according to the will. The appellant then
for the first time insisted that the whole of Ashford-hall
estate did not peas under the will; and that be, as heir-at-
law, was entitled to all that was not well devised ; and in-
sisted that he was not liable to account beyond six years;
and, lastly, that he was entitled to an i-sue devisavit vel non.
The Master of the Rolls overruled all these objections, and de-
creed for the account —Mr. Serjeatit Manning and Mr. War-
ren were heard in support of the appeal ; Mr. Turner, Mr.
J. Parker, Mr. Heathfield, and Mr. Hallett were for the re-
Tondente—The Lord Chancellor, without calling on the
-m,
moved the affirmance of the decree with this variation, thst
instead of 11,1 ding, as the Master of the Rolle did, t'
the said estate passed by the will, the word " lands"
vitiated ter " estate," as there were tithes, Re., • ehich did
not pus by the will.—Lord Campbell concurred in . the decree,
and it was affirmed. be sub-
THE DUKE OF HAMILTON AND OTHER Tm..
MA-
OISTRATEO AND TOWN COUNCIL OP Ti' Be. twee. 0,,
HAMILTON. CHURCH ACCOMMODATIC The, appeal
against a judgment of the Court of Se. Aim in &attend re-
versing a judgment of the sheriff of
a countylast Thursday, and the nature of t' ee case wee stated in the,
report was opened
in this paper of Friday.
,
T' or arguments having been
brought to a conclusion, the cast, * was ordered, en the motion
of the Lord Chancellor, to be remitted to the oeurt below,
with directions how t
i° proa ed therein. There was nothing
in the case to entitle t to f orther notice.

Before Vic` Ailments( Knight Bruce.
ER PARTE /1 Aill
. RE NAKII.—It may be remembered
purposes foreign Ann to annul a fiat as being issued for
tthhaattth:.7%.,swPltticot.hteheeeeothijeeer,ts
at thethe bahneeekrumpt, laws,tetitit intimated
his intention of communicating hisdecant's to the
. registrar. '.fis Honour has now delivered out his judgment
to the lO.owing effect : " The evidence in this ease has not
satisfi'4 me that to befriend and aunt Henry Gurney was
the sole, or substantially the sole object of the fiat. The just
ewaclusion from the affidavits appears to me to be that Mr.
'a homes Gurney and his father, though they wished to be-
friend and assist Mr. Henry Gurney, also desired and in-
tended that the fiat should be instrumental in procuring the
payment of the debts of the di'solved firm of Nish and
Gurney, by means of the funds justly and properly appii-
cable to that purpose. I think, therefore, that I cannot
annul the fiat, and that the petition must be dismissed."

INSOLVENT DEBTORS' COURT.

Before Mr.

IN RE THE !GTDu. fAitiEIO;7.—EiTRAVJOANCE.
UNDUE PREPEKENCE.—This insolvent was opposed. The
amount of debts set forth in the schedule was 9,3001., and
the ground of opposition was reckless extravagance and un-
due preference to a particular number of creditors. The
in-
solvent was in the enjoyment of between 9001. and 1,0001. a
year (met his living of Chelsfield, Kent ; but instead of
living within his means, he had kept up an establishment
such as an income of 9,0001. or 10,0001. could alone justify.
He had indulged in every luxury of a man of almost unli-
mited fortune; had kept four carriages, six or eight horses,
dogs, &c., and had given sumptuous dinners and parties of
every description ; and all at the expewe of his creditors,
meet of whom were inserted for very large amounts, their
debts being chiefly for household supplies extending over
periods of one and two years. It was stated that at one time
Mr. Tarleton was in possession of plate to the value 0120,0004,
which had lately been reduced tJ 4,000/. worth. The point
that was urged against the petitioner was, his having shortly
previous to his application here, paid off those creditors who
had obtained judgments against him, leaving his poorer
creditors, such as grocers, butchers, newsmen, linendrapers,
hatters, schoolmasters, and livery servants, without any
payment whatever.—The Commissioner said that sufficient
had been proved in this case to convince him that it must
either be adjourned sine die, or that no day would be named
for the final order, if the opposition should be proceeded
with, or unless same very ample offer were made to the
creditors. For the present, however, so there were many
errors in the schedule, a short adjournment must take place
for the necessary amendments to be made.—Adjourned.

ASSIZE INTELLIGENCE.
HOME CIRCTIT.—Lzwes,MAsaa 21.

The commission for the county of Amex was opened on
Monday. The business on the cnminal side is much heavier
than usual, there being more than seventy prisoners for
trial, and many of the cases are of the most serious descrip-
tion. On the civil side fifteen cases only are entered, the
whole of which with one exception are common jury cams.