The Express.
London, England, 1847-03-03 00:00:00

EQUITY COURTS.
Defers the Mutter of the Boe`h.

Arroz.Nay-Ozrmaii v. Coni-oraliOT4 or PLYMOUTH.
—The Master of the Rolls in this ease decided that the
hospital at Plymouth for the aid of orphans, which was pea
sassed of some mills situated on the Plymouth water feat or
watercourse, was not entitled to participate with the corpora-
tion in the profits arising from the water kat, and was only
eat itled to the um of the water for their mills.

I, warm r. King's Com.zon.—Mr. Dona wu heard for
the defendant Buller in this case. Mr. Kindersley will reply
to-morrew.

Bedlam Vloo-Chaasellar Nit ram.
ATTORNEY - EITHIERAL o. 0 OVULNOMS OF H•IIROW
SCHOOL—THE ISAIHILLA. GIZOORT EIHIBITION.—Itich-
ard Gregory, of Berners-street, Marylebone, by his will
dated October, 1838, and a codicil thereto of the same date,
reciting that, out of regard to the memory of his first wife,
Isabella Gregory, and to the free grammar school of John
Lyon, in the town of Harrow-on-the-Hill, and for the pro-
motion of science and literature, he was desirous, with the
concurrence of the governors of the possessions' reve-
nues, and chattels of the said school, to found a
Harrow Exhibition, to be called the Isabella Greg
Exhibition," for the benefit of the members of the said
school who should become students of either of the univeni-
tics of Cambridge or Oxford, proceeded, for the purpose of
carrying that object into effect, to direct the executors named
in has will within three months alter his death, out of his
monies in the funds, or other personal estate, which should
not consist of chattels real, to purchase such a sum of Three
per Cent. Bank Annuities as should produce the annual
sus of 1001., without any deduction; and to trans-
fer the same into the names of the said governors,
who were to stand and be possessed thereof upon trust,
from CHM to time, and for all time Doming after the
purchase and transfer thereof, to apply the dividends
and annual income thereof as the same should fall due, in and
to the maintenance and support of en& one of the scholars
of Harrow School, who should be from time to time
selected for that purpose, under the regulations contained
in the second schedule to the said will and codicil annexed.
By the schedule referred to, it was provided that the emjoy-
meet of the exhibition should continue so long as the milli.
Wiener should be and continue a resident mem-
ber of either of the universities of Cambridge or
Oxford, either as an undergraduate or bachelor, for the
term of years, to be computed from the period at which
the first halfyearly dividend payable to such exhibitioner
after his appointment became due; but if such exhi-
bitioner should die, or resign his exhibition, or obtain
a living in the church, or a fellowship in any of the
colleges of Cambridge or Oxford, or cease to be a resident
member of either of the said universities, then, and in
either of such cases, he should oeue to be entitled to the said
dividends, sad the governors and master of the school were
thereupon to proceed to elect another exhibitioner. The
master having by his report in the cause fixed 6 years as the
period during which the exhibitioners should be entitled to
hold the exhibition, the cause now came on to be heard upon
exceptions to the report, the question being with what pe-
riod the blank left in the schedule to the will was to be
filled up.
His Honour said the question was one of discretion. The
defendants, the governors of the school, had proposed three
years as the period most beneficial for the interests of the
school ; but that, if adopted, would occlude bachelors, who
were named in the will. It had, therefore, been proposed to
extend the term so as to admit bachelors as exhibitioners ;
but at the same time it was sought to confine the extension
within the narrowest limits possWe ; and the question was
whether that course, if adopted, would be in opposition to
the testator's intrntion. His own feeling, if that could have
say weight, was in favour of the shorter period, experience
having shown that unsuccessful candidates for fellowships had
afterwards obtained much greater success in the world than
their more fortunate competitors who had continued their
residence in the university. His feeling, therefore, was in
favour of the shorter period, as tending to shorten the term
of residence. Thequestion, howiver, would have to be de-
termined upon different considerations, and for that purpose
he would read the evidence in the cause.—Judgment re-
served.