The Express.
London, England, 1851-07-14 00:00:00

EQUITY COURTS.—SATCIDAY.
Comas mu Lam CR mamma.
Ms Lordship, addressing tits followiag ewe Mt&
ties, invited them, as hiciag bees appointed of her Mm
word, to take Moir seats Mods rite tor—ooniely,
lir: jamas Coisoboll, Mr. Mr. Minsky. Mr.
Wilke*, Mr. tiont, Mr. W. T. 8. Daniel, Mr. W.
ssilt, Mr. Follett, Mr. there, Mr. Cr*, end Mr. Janos
. More of time belie salved by his loribidp,
Me good ben, wbetbor Ile bit iteitleig or own, etteworedi
the assative, sod thee Wang( of, them being
mot orb omoorb eaceat within ill* bar.
?beam was mock crowded aerial/ this abort coreomy.
XAMXIMiIia o. !Wismar 3.-4111110LXZET or • DWI=

*Ammo.
The seetion is this acs, to mats &dense on the meads
=s ea the dediedest's ealisiter, was argued last
hy Mr. Lloyd and Ilr. Glasse, is support of the
atilint; sad by Kr. Teel end Mr. Kyle ester&
The hen end engussulle were noted ia the report ia the
EClLerd new, is delivering his judgment.
I.l=l,
said -M had • essurenten with Vic* Chancellor Sir
Omer Tenn es Isteritq with respect to what took place
before the len Maw of the MN. apes the speaking to the
mining et this ene. fa whieh Mr CL Tuner had them less
the lading counsel he the p.wK Upset that Unguent,
and the feats sworn to in the ididevits read ea Ketenday,
Ids lordship was of opiates that the do/sadist's
solicitor wet entitled to • beds nonce, after what
unshed en the 7th of Map hen the solicitor
for the plantit before tbe rung of the decree.
The preetieeie respect to earelnes* wee well settled, and
be weed to Ludt =phew per. It was
well at notice of oneilinga demo sheen be
gives to the riisitor on the odor s. Mae the notice
was as du 7th of Map hit settliag the ahnitse. That
steed~we y rr.yw..t bonus the lartiee, and so
ether Mile we gives. The ids* ef the defendant's
areas Ida lordship that be bed • right to expect
a hub nodes. Although the dell first's solicitor did not
net alb all In diligence that he eight is give, yet in the
hall of the ere it appeased tow learbin that notice
soilmtio lieu hoes gives to Inn before the eneelmeat, and
ter that TUNS he thought the rareness* ought to be
weened ; bet he should out, luny the dynamism, of the
ere, glee rode.
T.. MAKOMOOTIta, SHIPPIRLO. AND LUlCAllittill
RAISW/11, CO AAAAA O. Tun GOMM 2401/X2lll It•IL-
WAT COMPANY.
This swim, to discharge as bisection, woe rid IS
firmer day by Sir F. Kelly, and the nature of
ties-mew lbws stated in our report.
Rir F. Kelly now informed the Lord Chatted* Sod be
woold be relieved from the further heartsg se the yaelies
had jest sow to an arrangement ; and mimeo Or as order
w be drawn up forthwith, and subsided te his keii.
ship for hid suction.
Ltaartc PITITIONS.
The Lord Chancellor heard and made orders in six %mop
pun lunatic petitions.
Dew O. CLASIt.—LONO 111Phtt000..--
.

vox Covrierr.

Mr. J. Parker, with whom was Mr. Frith, applied for
the discharge of Thomas Clark from prison, to which be
had been committed 27 years ago for contempt disobey-
ing. (hoarders of the court. lie and his brother, Valitatiae
Clark, claimed to be entitled to comiderabie property under
the will of their neck, Eli Stott, who died in 1g22 a luna-
tic.. Ilia loamy was found to be subsequent to the will.
Hie heiress-at-law, Mrs. Dew, succeeded In a long course
of Manatees to estahlish her title to the reel estate, and the
online on the Clark. were to deliver up certain papers,
and ply over 5,0001. rt•ceinti by them. Valentine went
away, but Thomas was committed for disobeying the orders.
lit was long • pauper unable to pay the numey, and the Mas-
ter of the Rolls on application to him discharged him (real
the contempt as to the papers, but thought he had not
jurisdiction under Sir E. Sugden's act to discharge him as
to the money without his lint passing through the Ingot-
walnut Debtors' Court. That wee the question for his load.
*hip to determine.
Mr. Morris and Mr. Higbee etyma the motion.
The Lord Chancellor mid he would consider the point,
and give his twinkle next Wednesday. It was a question
PA to the practice and juri,Jictien of the court.
Tut ATTONJINT.O kNERAL C. 7141 BIAMING11•31 AND

X/ X /IW RAILWAY COM PA X Y.

Mr. Baron ;;;OtctaZiansTintWnP. which at the
ri,ing of the court was adjourned to Wednesday.

Banse CIRANWORTII (ritWeIWICRI.UIII).
EGIIIITON •. BIiowNIoW.—TITLII TO TRH PilorilOtTT OP

YIIII Vice op BILIDOZWATin.
•
ilbrop Kelly opened this ease on behalf of the plain-
Mgi t oppwistiou to the demurrer put In by the defendant,
add walherod to the terms of the will of the late Duke of
Deitgaviater, by which he directed his trustees to settle
I* estates in manner therein specified, and amongst
Mho, limitations, the estates were to go to the
LW Lord Alford for the term of 99 years, if he
moll so long live, with remainder to his lame
mehl its tail, with remainder to the Hon. Charles Henry
Oat, who had ranee taken the name of Egerton, for the
lona of hit rota, if he should so long live, with remainder
to Ma bane in tall male, with varicma limitations over, and
with the ultimate limitation to his own right heirs--
that the testator afterwards introduced a series of pro-
tium, the effect of which was that if Lord Alford should
die without acquiring the dignity or title of Duke or Mar-
quis of Bridgewater, then the limitation to the heirs male of
Lord Alford should mans and be absolutely void, and in
1.11.5 e the said Lord Alford should become Earl Brownlow,
and should not within five years afterwards obtain the title
of Duke or Plansuie of Bridgewater' then that the limits-
tome fur the benefit of lord Alford for life, and afterwards
for his issue, should altogether cease and be void, and that
the same provisos were applied to the subsequent limita-
tions to the lion. Charles Henry Egerton and his issue
male. It WAR submitted by the learned counsel that the
above. prose.. constituted a condition subsequent and was
altogether sold. Ile effect of the condition would be to
destroy an imitate already given, and such a condition must
be construed strictly, nothing could be presumed in its fa-
vour. It was odious in law, and not to be supported unless
conformable to the strict principles of the court.
It was contended that the condition was void upon
two chief aromas, first, that it was a condition
that the devisee should do an act which was
inipornible, namely, to acquire a title not in existence, and
which could truly be granted by the crown. No one could
acquire • dignity, nor procure the crown to confer a dig-
nity : and, secondly, though it was the undoubted right of
the crown to confer such • dignity, stilt the possibility
would nut give validity to ouch a condition or support the
limitation. On both din.' grounds, the condition was oh-
e lowly impossible ; eu iegarded the tenant fur life, it was
not in his power to obtain the title, and as regarded the
4 rows it was an intentio remota. It was also submitted
that the condition was void upon still higher grounds; that
uec who acquired an estate fur life was to forfeit it and the
eetate to pass away unless he acquired a title or dignity to
be' Conferred by the crown was contrary to public policy ;
that it had a tendency to held out an inducement to
the tenant far life to resort to unconstitutional and
corrupt &Wand to obtain it, and it was no answer
to the question to say that the law would not
presume• to resort to unconstitutional or corrupt prac-
tice*, or that the crown could not be induced to commit a
w rung. The condition wes also void, because it tended to
fetter the crown in the exereiee of its prerogative and to
fetter the tnlnistera of the crown in the exercise of the ad-
vice they might feel it necessary to give the crown. The
only result was that the estate ought to be enjoyed free from
the condition. The principal question which it became ne-
reentry therefore to consider was, whether this wu a con-
dition precedent or subsequent. It waa not competent for
the court to transpose the position of the condition. It
moat tae taken u it stood upon the face of the will, other-
wise the nature of the clause itself would be changed. The
effect of transposition would he to alter not only the
nature of the• estate limited to the issue in tail, but it would
Ire. to substitute one event for another, on which all the sub-
sequent remainders in the will were to take effect. Such •
(erudition, if allowed to have effect, would defeat and
nullify the whole will, and would raise and create a new
and different species of limitation. All these estates wen
absolutely granted, and until you came to the lost limita-
tires, to the right heirs of the testator, all the limitations
would be subject to the. condition. If all the limitations
failed, then the plaintiff would be entitled as heir at law of
the testator.

Mr. Bethel', Mr. C. Hall, and Mr. Hobhoure followed on
the mme aide. A great number of authorities were cited in
the argument.
Mr. J. Russell commenced his reply, but had not con-
cluded at the rising of the court.

COURT OF EXCREQUER.—SArraDAY.
Kw PLICIL...IIIV.II{ MIL YAW ALLOW)). 1141. A LOOM. OPICIAL
UALLINOTOS V. DAI.I.—ALLIOID

PATIINT.
This wee ea action kir an alliterC infringement of a pa-
tent o.lf the enansfeetato of and gelatine. It wee
tried on a former mention at reveal. The ease es be-
half of the plaintiff bed not easelndinl when the eosin wa•
adjouriard.

PREROGATIVE COI:RT.—SATURDAY.
Foals Su IL J. Mr.
CRUDIVICIL Ir P .

This testamentary case was sr so far beck as January
last. Judgment was deliveredrised morning.
The Court said the question before it turned upon the
validity of a will dated the 9th August. 1819, and executed
by the Rev. Thomas liarrima, who, having been attacked
with cholera early on that maiming, died after a few hours'
filmes. It appeased the deceased had been a Wesleyan
minionary
coon West Indies, sad after his m-
ien to this ntry in IR3B, wits in the receipt
of an manual peasmn of aftf. from the Wesleyan
Missionary Society, which was afterwards reduced to 2W. a
Nyear. After residing for some time at Peterboroufb. is
orthumWenaltin, the deceased removed to a home in the
'Wandsworth•reed, when he remained ambit's* day pre-1
ceding his death, when, accompanied by a friend of the
name of Maxwell, he left his residence in isormemsenee of
all the inmates, including his wife, his aunt, and a maid- I
servant, having died of choler, and went to Jock Straw's
Castle. Hampstead-heath, and then, slept that night, beiag
seised on the following morales with the attack to which he i
fell • victim. The great question was whether the will
meek on the 9th August, 1849, had been executed under
seek circumstances as to entitle it to be considered as re•
yoking a former will made in 1816, and under which
a different distribution of the property had bem
moo. The later wiU was propounded by Yr. Palmer,
oat was opposed by W. Chodwbek, balk guadmis ts-1
sobs Ibs eppoiatimost of outstays under thu two