The Express.
London, England, 1851-07-03 00:00:00

Sabi intelligence.

HOUSE OF LORDS-Jun' 1.
Pasemsr: TKO Lssa CRUM'S. 0116 !MU, ISSOCUILAD, ORD LORD

LINDILT V. WYZAZ7I;;D BFWILLIAVIB v. AnAlts.—
ABLI-101.OND PACPZU ; WIZTII3II INTITLID TO PA-

suss Itzkiar.
These two appeals against interlocutors of the Court of
Fenian in Scotland were brought on to be argued together,
both being similar in circumstances, and involving nearly
the same principle of law. The appellants in hoth cues
are able•bodicd working men, and, being out of employ-
ment, applied to the inspectors of the poor of their respec-
tive districts fur support ; one, being a single man, for him-
telt only ; the other, being married and having children,
for himself and them. The inspectors refused relief in
both cases. Petitions were then presented to the shetiffs,
and coming before the sheriffs' substitutes, were dismissed,
on the ground that neither at common law, or under the
Scotch Poor-Law Acts, were able-bodied mer. entitled to
any relief for themselves or families. These decisions were
reversed on appeals to the sheriffs, who held the appellants
entitled to relief. The cases were then brought by way of
' appeal to the Court of Session, and the majority of the
judges there agreed with the sheriffs' substitutes, that the
appellants were not entitled to any relief.
The further bearing was, at half-past 3, adjourned.

EQUITY COURTS.—YESTERDAY.
131110lR Leas Cuirivoar• (VicarNaiteinanid.
PIiSCOTT r. WOOD.—POWItiI or • 81:1ITIVING
OCAKDIAN TO ACT.
Is this ease it appeared that Sir George Prescott, while
raiding at Caen, in France, made his will, dated the 25th
of April, IMO, which he declared to be for the sole and only
purpose of naming guardians of his infant children, and he
then appointed the Rev. James Wood, the British minister
in charge of that place, together with Robert Michael
'Feiner, the brother of his wife, the guardians of his two
children during their respective minorities. After the
testator's death this suit was instituted, and a receiver of
the estates was appointed. Mr. 'ruiner, one of the guar-
dians, disclaimed, and the other guardian, Mr. Wood, had
appointed his solicitor to be steward of the estates, in the
place of the gentleman who had acted as such for a great
many year,. A petition was now presented (or the purpose
of having it declared that Mr. Wood could only act as
guardian jointly with Mr. Tulner, and it also prayed that
accounts might be taken of the estate, and a proper sum
tined for the maintenance of the infanta.
Mr. Bethel! and Mr. Gitfard appeared in support of the
petition, which was opposed by Mr. Itolt and Mr. Lake
Russell.
Lord rranworth raid he could see no difficulty in this case;
two gentlemen were appointed guardians by the testator,
and though Mr. Wood was appointed together with Mr.
lulner, that did not prevent there being a joint tenancy in
the guardianship, acd one having resigned the other was
the person to act as guardian. It was true that special
circumstances might be shown to induce the court to take
away the guardianship, but there was nothing in this case
to prevent the guardian, Mr. Wood, from exercising the
legal right given him by the testator. It had been sub-
mitted that Mr. Wood had no right to appoint his solicitor
to he steward of the estate. Upon this subject he wished
the gentleman to be informed that if he was making use of
his situation as guardian for the purpose of exercising a
piece of patronage in favour of any man, however
respectable lie might be, without having first ascertained
that the act war for the benefit of the infants,
he had altogether misconceived his duties. It was certainly
strange that a gentleman who had so long acted in the
management of the estate should have been turned off,
and another placed in his stead; but there were no eireurie
staneca stated in this petition to show that what had been
dune was not perfectly consistent with the interests of the
infants. The only order, therefore, which he should make
upon the petition was to declare that Mr. Wood was the
sole testamentary guardian, and it must be referred to the
Master to state the amount of the rents, &c., and to ap-
prove of a proper sum to be allowed for the maintenance of
the infants.

EUERTON T. BkOWNLOW.-TITLE TO TII PROPIRTY Or

..
THE I)CKE OF BUIDOMIWATZU.
This suit was instituted for the purpose of having it de-
clared who was the person entitled, under the will of the
late Duke of Bridgewater, to the large estates of that
nobleman, said to amount to about 70,0001. per
annum. The facts of the use were these :—John

William, Earl of Bridgewater, by his will, dated the
3lst of March, 11Y23, after giving to his wife an annuity of
12,00111., per annum, anal various other large legacies, gave
and devised all his honours, manors, lauds, tithes, rents,

counties
whatsoever, in the severs es of 1 •
- - -• •- • -- •

Middlesex. t;. liertFo;d: Buckingham, lkdford, Northampton,
Oxford, Salop, Chester, Flint, York, and Durham, and
elsewhere, and all other his real estates whatsoever, to the
VW of the Right lion. John Earl Brownlow, the Right
Hon. Edward Herbert Lord Viscount Clive, and Sir Charles
Long, their heirs and assigns for ever, upon trust to convey
his estates in the following manner, to the use of the heirs
of the body of the testator; with remainder to the use of
the said trustees, their executors, administrators, and
assigns, for the term of 90 years ; and, upou the expiration
of that term, to the use of the Right Hon. James Waiter
Earl of V erulam, and the Right Hon. JohnThoinas Viscount
Sydney, and their heirs, during the life of his brother
the lion. and Rev. Francis Henry Egerton, in trust to pre-
serve contingent remainders, with remainder to the use of
the first or .oily son of the body of hi- mid mother' for the
term of 99 years, Wench first or only son should so long
live, with remainder to the first and other sons of the body
of such first or only sun of his brother in tail male, with re-
mainder to the use of the wife of the testator tier life, and
after her decease to the use of Dame Am lie Long for 99
years, if she should so long live; remainder to the use of
the heirs male of her body ; remainder to the use of the
Right Hon. John Hume Cast, commonly called Lord
Viscount Alford, the eldest son of John Eat I Brownlow, by
the testator's niece, Sophia lady Brownlow, fur 99 years, if
the said Lord Alford should so long live; remainder to
truetees to preserve contingent remainders ; remainder to
the use of the heirs male of his body ; with remainder, in
default of such issue, to the use of the lion. Charles Henry
Cust, for 99 years, if he should so long live
remainder to trustees during the life of the said
Charles Henry Cust, to preserve contingent remainders; re-
mainder to the use of the heirs male of his body, subject,
nevertheless, as to all the said trusts, to the proems there-
inafter contained. The will then contained various other
limitation+, and it was expressly declared that the estates
limited to lord Alford and the lion. Charles Henry Curt
should not vest in them as estates tail, but that the vesting
in their heirs male should not take place until after their
deaths. The will also contained a proviso that any person
taking any estate under the will should take the name and
arms of Egerton; and then followed a proviso in these
wnrils :—" Provided always, and I declare my will to be, I
that if the said John Hume Cust Lord Alford shall die
without having acquired the title and dimity of Duke or
Marquis of Bridgewater to him and the heirs male of his
body, then and in such case the use and estate hereinbefore
directed to be limited to the heirs male of his body
shall cease and be absolutely void ; and that if the
Earldom of Brownlow shall descend and coin, to him,
and he shall not acquire the title and dignity of Duke or
Marquis of Bridgewater to him and the heirs male of his
body before the end of five years next after he shall be-
come Earl Brownlow, then and in such case the several
sees and estates hereinbefore directed to be limited to the
&aid John Hume Lord Alford, and to trustees during his
life, for preserving contingent remainders, and to the heirs
male of his body, shall thenceforth cease, and be absolutely
void, and that my said bereditaments and real estates here-
inbefore devised shall thereupon go over and be enjoyed ac-
cording to the subsoquevit uses and limitations declared sad
directed by this ray will, as if the said Julio Hume Lord
Viscount Alford were actually dead without issue male."
The will then contained a similar proviso with regard to
the limitation to the lion. Charles Henry Cust. The tes-
tator made • codicil to his will, and therein recommended
the mid Lord Alford, in ease he should become
Marquis or Duke of Bridgewater, so that the estates
should become permanently settled on him, to settle them
upon hie brother, it being understood that this was not •
peremptory obligation, as otherwise his refusal might tend
to defeat the object of the testator, of uniting the estates
to the title of Marquis or Duke of Bridgewater, if it should
be the pleasure of the crown to create such title, so as to
come to the heirs male of the said Lord Brownlow and his
issue male. The testator made other codicils not affecting
the pieeM question, and died without issue. His widow
died in ISO. The brother of the testator, the Hon. and
Rev. Francis Henry Egerton, became Duke of Bridge-
water, but died before the widower the testator, and the title
thus became extinct. The sister of the testator, Dame Amelia
Long, also died during the life of thewidow of the testator,
leaving two daughters; one became Lady Farnborough, and
the other, Sophia, had married Lord Brownlow. At the
date of the will Lady Bmwslow was dead, but had left two
sons, the said Lord Alford and the lion. Mr. Coat, who
afterwards took the name of Egerton, and was the drat de-
fendant to this suit. Upon the death of the previous te-
nants fur life named in the will, Lord Alford came into
possession of the estates, and continued in possession until
his death, which took place in the year IMO. Lord Alton'
died without having acquired the title of Duke or Marquis
of Bridgewater. This bill cam Led by the eldest son of
Lord Alford, claiming to be equitable tenant in tail in re-
mainder of the birder% altar. The dein was resietal by
the Hon. Mr. Morstor, flow lhe Sea allebs=
Cott, and other perils k ster. who putt he t a
demurrer to the MU.
Mr. J. Bare and Mr. Girard, in support of the de-
murrer, elistoldat that the_pinhaire laterost IWIEWP 66
will MI **fly tailed. Tim lenegiler bad wooly oil
that if Lied Allied died without bevies selpirei the Me
of Marquis er Duke of Bridgewater, than die see and estate
Suited to the belts male of his body shwa true, sad be
gibsoiroly moil The ceaditisa es se mulleft the title WSS
eillallilld peopiliel. lad elm estatt alit bargee been
reaatheillaMeaishisleisfiebeams'Md. The
WMe via yea ad the hilluee 'thine of his
the Mee err Dohs of beams extinct.
dealt ors Oat die us us ebeelli be adage' by a per-
ile=ljiddlie. awl Mot dry abseld go to his merest
sub pima mid the title ; bat If
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