The Express.
London, England, 1851-07-31 00:00:00

must I.• returned, and the mete of the exceptions must be
r. in the crux•.

Smog Less humans (Vies.dusesusc)
EX AIN UM/SW* AILS AS TO
Leo ITI M ACT.

In the. ease it appeariTefthaCaiii. Ilodoom gave a sum of
4,4001. to nial nephew for life, and then to his nephew's
children, andif no ouch children then to Iteginald Fourden. I
The testator's nephew died leasing several children, but a
question wag raised as to whether their father had been
legally married, and the truotele paid the money into court.
Iteginold Fourth% now presented a petition to have the
muse) paid out to him, and affidavits were tiled concerning
the fart of the nephew's marriage.
Mr. Stuart and Mr. lliolop Clarke. in support of the peti-
tion. molted the court to make an order upon the evidence,
without • referenee to the Master.

loot t'ranworth objectid to make the order without a
reference. •fhe Master must he directed to make inquiries
as to the marriage, and if no positive evidence could be du•
covered then the petitioner must undertake to refund the
money in row it should turn out that the children of the
teetatue. nephew very legitioutte.

EDINBURGH COURT OF SESSION.
s:cutsr. TIM EARL or Fire's TRUSTIER.

This row, which was a claim for damages at the instance
of Mr. Snare against the 'Trustees of the Earl of Fife, rein-
five to the celebrated portrait of Charles I. by Velasquex,
came on for trial before Lord Cowan and a jury on Satur-
day, and was continued ou Monday.
iii the summons it is stated on behalf of Mr. Snare, who
is a Isookeller in Reading. that he purchased the picture at
the sale of Mr. Benjamin Kent, Hadley Hall, near Oxford,
is October, ISti ; that he had exhibited it publicly in Read-
ing and London, and that he him' commenced exhibiting it
in Edinburgh on the Vith January, 1519, and continued the
exhibition until the 31st of that month. At that period a
petition was presented tothe Sheriff Substitute, at the instance
of the trustees of the late Earl of Fife, praying his lordship to
great a warrant to the clerk of the court to take poaession
of the picture, and retain the same until the right of pro-
perty thereto was determined, on the ground, as they al-
leged, that it had been .Loden or surreptitiously abstracted.
The prayer of the petitioner was granted. and by means of
Unions proceedings the pursuir was deprived of the posses-
sion of the painting until the 17th of March. when it was
reatonvl to him. In these circumstances, the pursuer
claimed damages for the loss he had sustained by these pro-
ceedings. The damages were laid at 3.000/.
The defenders, after stating some preliminary defences,
allege that they had every reason to lsdieve that the pic-
ture was the property of James Earl Fife, and in his
pmees•ion at the time of his death that it passed, along
with the other effects of the trust estate, into their posses-
sion as trustees under the trust disposition and deed of
settlement of Jews Earl of Fife, and was, without their
knowledge of consent, abstracted or stolen. The picture
!Raj have been exhibited in London, but their attention
was only attracted to the matter by its exhibition in
Edinburgh, and the positive declaration that the picture
bad belonged to the collection of James Earl of Fife,
and consequently belonged to them, a. they had never
parted with it or any other pictures belongintio the estate.
The picture appears in a catalogue prepared and printed
for the Earl of Fife himself in the dear 180 , as being at
Fife House. After the earl's death, life House, in White-
hall, with everything therein contained, including the pic-
ture in question, were ern pesesera of by the defenders.
Fife House was thence/et Mid by the is the wear 1812.
Immediately before tlto sok, soden were given by them to
park up the *tars is gumbos slam with the other pic-
tures, plata, aid wines. sad transmit them to Duff Homo,
Is and Wise Mama is &Miami bolonWas to,
=am belabisei by, the pet Jere. It met ha,. 11141 M
WS tine that the theft et Or prime wee eareted
Ise eitheash it ma he prep tint the *tare wee k Fite
Woe at set le the hie arte death. se trees
art be eiktrari bass ere era fa thle earatry
date. The delleire 61111
_tlittp!esedime rim
Oar era MAN dais er immese ; sad dr that
the Fume hal willosi IMAM plearry
Oa Ilearelry raises wilamee tree earerel tie the
yourer, te pore the Wiry et the plasmrime eat
seariarker the ellearrnere wake whirr as anered,
sal the caret at Or tereepr. Os Matey 'Warr was
hi ea bait of Or arawasee, wed way the whirrs
reemerea WOO Ilk haw Warr Oasis., P.R.0., Or.
Dew. ILA, ma M. Haney, LA.. pre it r
their list the pram was art • perm Teleran.
WO Omer hloo Abe jay at aariklaide Muir ;
Mee b they Beira. sad -reteraei htb err with a
weft ter the peer, merry damps to the earreat
et lASI

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