The Express.
London, England, 1849-11-07 00:00:00

OP ZJIMA3ID.
FILINCH V. HARIIIIION.—Poway TO LAY OUT MONET IN
Lamm OMURA ♦ Y•aiwoi BErrumairr.

Itsposa TI

This case came on upon petition to unarm the Master's
report, and upon a mess petltios, in the native of exceptioes
to the Ma me. report. The suit wee a creditor's suit to es-
tablish certain claims against the estate of a gestleman
named Harrison. It appeared that upon the merrier of Mr.
Harrison a settlement was executed, by which a sam et
money in the funds was vested in trustees foe the benefit
of Mr. and Mrs. Harriman for life, and afterwards for the
children of the marriage, and the settlement contaieed •
power for the tritstets,with the comsat in writing of Mr. and
Mrs. Harrison, to sell the trust funds and place the same oat
in the ruches" of land. After the marriage had taken
place, Mr. Harrison applied to the trustees to invest part of
the fends in t►e pureness of an estate ie Cornwall, which
they agreed to do. The aim of 1,7341. wee thereupon sold
out and the estate purchased, but the conveyance wee exe-
cuted to Mr. Herr•aon alone, instead of to the trustees of tae
settlement. Mr. Harrison died leaving hie wife and one ch. 141
surviving, sad at his death he was indebted to a considerable
amount, and Lis creditors claimed to be entitled to the estate
s., conveyed to him. A decree was mule in the cause for a
reference to the Master, who found that the estate was in
fact putchseed fur the trustees, and wee consequently subject
to the trustee of the settlement. . .

Mr. El tier. and Mr. Elamley appeared on behalf of the
creditors ; and Mr. Bothell, Mr. Holt, and Mr. Bass'sett' in
suppose of the Master's report.
the Vim Caancalor said the question was whether it was
to be taken that the estate had been purchased by Mr. Har-
rison for the trustees or not ; the matter certainly bad not
been concluded as it ought to hams been, since the consent in
writing of Mrs. Harrison bad not been obtained as direc'ed
by the power is the settlement, and that. sight be • ques-
tem whether t.:a widow sad infant could be boned by what
was done; bat as between the trustees and Mr. Hanna& be
thought that the estate must be considered to ban been put,
amid for the trustees. He should, therefore, warm the
Master's report.

Emu Vica-Cwcau.oa Wiowa.
BITSULL P. SPIT.-BPATI v. ASTMS.

The Wiled hill in Mile ease, which was fled by the late
Sir Thamesimaell, made the allowing cam :
Cepa& Z. 8. Y. time, the defendant, It appeared, had
discovered that the plaintiff, Sir thomas Reynellormeatitied
to certain property under the will el Henry ftrysell, by
which after previous limitations, including • life estate to
C liest-r Reynell, the property was devised to Sir
Richard Littleton Reynell and his heirs. Since the testator's
death Sir Richard L. Brnell bad died without issue and
intestate, le,ving the plaintiff hie heir at law. In this state
of thing., Captain Spry* having discovered that the plaintiff
was so entitlid, procured JohnYoage,an attorney, to write a
letter t the plaintiff, dated the 12th May, 1843, in which be
stated that th• plaintiff had a eel= to certain property, bat
that his interest was coatingest and could only take effect in
cage be survived the tenant for life, a person very muck
younger than himself. But under what will the slam arose
Sprye said he could not dada', except upon the
terms of obtaining for himself one moiety of what
should be recovered. This was agreed to by Sir
Thomas Rayuell, on the faith of the letter writ-
ten by Yong*, and on the 16th of July, 1843. •
conveyance of one moi ty was made to the ddeadaat.
The defendant accordingly instituted the suit of " Reyna
v. Reynell," the bill (which wee for discovery) beim, Sled
in Sir Thomas Reynell'e name against the tenant for NA,
and the suit being carried ea, according to the agreement, at
the expanse of Spry.; and Yonge being the attorney.
Pendin4 the proiseedinge in this suit, Bprye procured hie
solicitor Yong* to mita • letter, dated the 17th April, 1844, ,
to himself (Saryet, the draft of which letter he (Spry') '
had himself prepared—the object of which was to Judaism
Sir Thomas to dispose of the other moiety of the property.
The letter, after magnifiing the difficulties in the tmei
recovering the property, purported to be • letter of Melee
to Spry., to take the risk on himself, and to puieftese
from the plaintiff the remalaiag moiety at the plea
5,0001. By letter of the 12th May, 1844, Sir Thomas
to sell the moiety on those terms, relying on the letter 'I r.
12qt May, 1843. On tie 20th Jan., 1846, the tenant for Ws
' died, whereupon the interest of Sir Thai. Reynell became an
interest in poseemloa, and he, not being altogether satisfied,
consulted his solicitors, by whose adrift a bill was filed
against Spry* and Yong. te set aside the converses of the
15th July, 1843 of one moiety of the estate, devised by the
will of Henry Reyes'', damaged ; and, oleo, to avoid the
contract of the 12th May, 1844, for the sale of the other
moiety. The original plaintiff having died eines the filing
of the bill the snit had been sines madame' by bill of re-
vivo, by hie widow, L idy &quell. There was also • creme
suit by Captain Sege to establish the transactions sow
plaited of is the original suit. The ease having been
argued at censiderabie Isaiah is Trinity Term he, his
Houma now delivered a Quinines& written judgment to
the parties, and observed that the decree would declare the
conveyance df Jsly, 1843, void, except as regarded pertain
morlages since &rested, and that on sinister:dos of those
mortgages the deed of July, 1843, should be cancelled. The
decree would also declare that the agreesteat of May, 1844,
should be cancelled unconditionally ; awl that the defendant
Sprye was bound to pay off the mortgages and procure • re-
conveyance of the leortellgoll Itemises to the plaintiff. It
would also restrain Spry* and his wife from interfering wi h
fits property except for the purpose of ptocuriag • recogivey-
anis to the plaintiff; and it would dismiss the bill as
Yong. without costs. The mats of the suit would be by