The Express.
London, England, 1847-07-07 00:00:00

tido Ent,llignue.

EQVITT COURTS.
Petbro the Barter of the Roils.
RYALL V. HANNAll.—Commarmow Or WILL—EX-
TRINSIC EVIDENCE.—Wm. Read, who died in 1798,
by his will gave a copyhold estate to his nephew, William
Bell, for life, and after his decease to Elisabeth Abbott, the
natural daughter of Elisabeth Abbott, of the parish of Gil-
luorham, single woman, and who formerly lived in his servioe,
for life, sad after her death to her children. The Elisabeth
Abbott referred to in the will, as having been in the tee-
tator's service, never had a natural daughter, but about sis
or seven years before the date of the will she had an illegiti-
mate ma, called Joha Abbott, of whom the testator's
nephew, William Bell, was the putative father, and she
afterwards married one John Caddy, by whom she had •
daughter, living at the date of the will, called Margaret.
William Bell, the tenant for life of the property, having
died, a maseties was raised in this suit as to who was en-
titled on hie death under the above devise. The plaintiffs
were parties who claimed under a residuary clause in the
will, amd ammtlemied that the gilt to the child of Elisabeth
Abbott yes altogether void for uncertainty, as there was
no puma who earwared the description. The children of
Jelin Abbott, the oft of Elisabeth Abbott, on the other
had, onatemied that the testator had mistaken the sex and
maim of Abbott's child, but there was no doubt
that as Awas IM meant, which could only be
I Jam la wham the testator was proved by evidence
to hue tam an interest. For Mugu* Caddy, who after-
wards teems by marriage Margaret Austin, it wee ma-
tended that the object et the testator's bounty was clearly a
female child, and that the mistake of the testator was in
supposing Elisabeth Abbott not to harm has. 'married at the
date of his wilL—Masen. Ferri', KinAemasp, Respell,
Campbell, Bird, and Crawford appeared for the different
parties.—The Master of the Rolle maid there was great diffi-
culty about it, but he =hit the toaster clearly meant an
illegitimate who only be Jahn Abbott. Bat it
was a question whether the court could admit extrinsic evi-
dance of identity where the mistake was mot merely in the
name and description, but in the sex of the party. lie would
consider the oases on the subject.

Before Viormaanceike Knight Bross.
NOILID V. EARL OF KILYORRY.--13FICIPIO FERVOR*.
ANC3.—Pors's Vitaa.—This was a suit for the specific per-
formance of a contract for the purchase by the defendant of
Strawberry-hill cottage and land contiguous thereto, part of
the property known m " Pope's Tills," st Twickenham.
The principal ground of defence to the suit appeared to be
that the plaint:2l was not able to give possession of some parts
of the property at the time appointed by the contract for the
°cmpletion of the purchase, the tomato refming to leave, and
alleging that the notice to quit had net been given by the
right parties. Mr. Wigram and Mr. Parsons appeared for the
plaintiff; and Mr. Russell for the defendant. —The Vice-
Chancellor reserved his judgment.

COURT OF QUEEN'S BENCH.
A71011111A.1.D AVID OTRIBB V. TATEAX.-MAZINI TIMM-
ANCIL-Mr. Serjeant Shee, Mr. Serjeant Dowling, and Mr.
Bovill were eonnsel foe the plaintiffs, who sought to recover
the sum of 1001. from the defendant as the underwriter of an
Ueuranee of a schooner, called the Active, which was lost
about 66 miles off Halifax on the 17th of J anuary,lB44. The
defendant pleaded a variety of pleas, of which the principal
charged the plaintiff with the misrepresentation of material
facts; and the eonsealment of material fact. in inducing the
defendant to subscribe the policy. The execution of the
policy, the interest of the plaintiffs, and the loss of the
vessel having been proved, Sir F. Thesiger, Q.C,, with
whom were Mr. Martin, Q.C., and Mr. Fiteherbert, for the
defendant, opened the defence, which follows.—The plaintiffs
are partners ; one of them, Mr. Charles Archibald, resides in
London, another, Mr. Blowers Archibald, the brother of the
former, resides and carries on business at Sydney, Cape
Breton, as does also Mr. Thomas Archibald, the partner and
cousin of the other two. On the 26th of January, 1844, Mr.
Blowers Archibald arrived at Halifax, Nova Scotia, having
lett St. John's, Newfoundland, on the 16th. On some day
between*, 24th and the 27th, his name was inserted in the
visitor's beek at Keefler's reading•room, at Halifax, and in
that reslavroora there was placed, on the 29th of January,
a near er pabliehed that day, called the Halifax Jonrng
contddsie Ss Ibiatrtitt paragraph :—" A brig of end or
Sydney fsa Barataia,went ashore on the night of the 16th,
in bark sear Pan Jelly, vowel bilged ; crew and materials
saved. Isle of hill and materials. Most probably
the Attic*, Leslie, was to leave Bermuda about the
6th for Sydney. No insurance." Whether Mr. B. Archi-
bald saw this paper, or bed been in the reading-room, could
sot be positively made out; but on the 2d of February he
wrote to his brother Charles in London, saying, along with
other matters, that there was a vowel ashore near Liverpool,
and "a schooner about Canso : I hope not the Active, which
ought to be well back on her way from Bermuda. Her insur-
ance was up in December. I hope Tom will get it done by
the year as heretofore, and it would be as well if the pealing