The Express.
London, England, 1849-06-07 00:00:00

LAW INTELLIGENCE.

EQUITY COURTS.—YESTIOIDAL
Immo Too Mama as isa Roue.
Ortawnene v. Ilownt.a.—Prata OF Foamless warmer
Norton.
This salt AM institated by parties darning ander the will
of Mr. Isaac James, late of the Ann of Howell, Ismer, sad
Co., for the repos of settle, wide a Isle by the widow of
the testator, who was his personal representative, .1 his in-
tense In die parteeeship to Ids 'arriving partners for 63,6001.,
sod to have so eseasat taken of the profits of As °mons
subeeemeady to the testatoes death. The defendants pleaded
that they were Was fide wasters of the Unlaces Waal
willoot sea*. Led tha ease wee now Grimed on the plea.
It was sot modelled.

EMIT Biwa

PAZTS Ba=SWAM NM Btrintlir H.—Shams
Xr. eirawileal sad Mr. Awaitlett supported tine peddle,
width woe Shot of the Waileala, sad sesokt to ewe. •
morel whish bed both adisitted for 7,0001. The bamboo/0i
wee the mellitatema Seta of Wright sod Co., bank-n, No&
dottrels's% Cathie prim. One of the parmen, Mr. him
Wsliebtorte inteesetsiusder the will of the late Mr. Amboy
Webb,. The assonnt peeved wee pert of a sum stand to
the etheume of the mother of the will, and had bees wtho
Math by Mr. Jabs Wright, and sobsequently invested
apse a mortgage ea sharp upon the &art Nevtorp
tea sod Hertford llaioa Caaal, belonging to the frothed
et Sir George Duckett, not authorised by the teeth
of Mr. Anthony Wright'. will. A tenses
bed bees promoted by the metals quip trusteat tteif
will hr Merl,
wto pease, sadamities ander an ordee mode
thotpoidon the est wow he
alses en brimeSap all INNlebries of had.
witabeta esilaak:a
the marrairelmaor with eshremat to the garden
Mr. Sithee Ifstabil hod the audiseltiel Mr. Plowdsa, ores
whine bums of the telik thr Welivrisg the had, It
=boos illegal that Mr. Jetta Wright bad, without any
from the surviving trustee, szamised the satire
antral of the levet hada sad of the aestrima til the tiont
emits with the linking lbw It We. arm onahmilied that
the ',ideas, helm the muntimioser we. real
that Mr. Jobs Wright was the egad of the surviving Mine
I. withdraw's' the food, sad that therein, the paymesa M
him was a payment to the trust estate. sad dieeiagei Km
firm. It wail farther contended that the petilismins Maid
set take the herb of Sir Geo. Doekatt's taortgsge salmit
afinsing the froneaction, in which view of the en@ they
would have so right of proof, sad that at any rate the proof
maid not stood he the full amount, but only fur so math es
the premeds of the senrity were iassflicient to satisfy.
Mr. C. P. Osemse, Mr. Bacon, Mr. J. A. Cook*, and Kr,
P. Riddell appeared hr the several respondents, bat were
▪ eslial upon.
Thu VimoChaneeller sold that Mr. John Wright bedlam
sashed ea a wiser, that Mr. Anthony Wzigitt woe alive,
sad bed bum, eet might have been, a witness. Both were
primes at the time of the troassetion. Is that state stir'
othestemst b
ow Keuestee °vision, it would be a utast ter
jute wad h atimaden of the evidesoe, to say that II
proved ea authority, heady or eireasithustially,
or embeequady, to tie treaseetisa ea the part of r. rtdth to pay the sum et 7,0001 fa gaudily either to Mr. Jobs
Wright or to his order, or in sash swan se Mr. John
Wright should The eneerequeom was, that the jthth
estate had am, desistllosour's °palm, *charged imeN of
Ito erigthal liability newer the 7,000 L The proof. there-
fore, must steed, saltiest to the quids. se to Sir George
DesioseVe mortgage. It a happened that when the 7,0001.
wee withdrawn frith the bank of Wright and Co., Mr. John
Wright hooded It upon a mortgage. No doubt that was
demo with fair and vmy honest intentions. Now it was said
that neither therm who represented Mr. Plowden, nor the
Wilhese& ially iaterested is the capital of Mr. Anthony
ri;ikt's estate. could claim the prod without rejecting the
mortgage, or claim any benefit from the mortgage without
reliequishieg the proof That was not his honour's *aloe.
The liability of the basking.house arose the instant the
money was removed from the banking-house without Mr.
Plowelion's authority. That liability bad never been satisfied
and had never been displaced. The money the removed,
in whatsoever custody it was, still remained part of the est
is
ate
• Mr. Anthony Wright, and those who were interested
that estate bad a right to pursue it, and to make the most
they meld of it without relinquishing the liability of the
orioles' debtors. That came the question whether such be-
ai It as we derivable from the security ought to go is dimi.
nudes of the proof. The security was no part of the estate
of the bankrupt; it was a eollateral benefit, and which ought
not to go in dimittutioa of the dividend. The proof for the
7,0001., therefore, was well admitted, end due provision
mast be made Lir making Sir George Duckett.'s security
available, and giving the benefit of it to the original tee ator's
*data, so far as might be necessary to make up the 7.0001.,
and beyond that to the joint estate from which the 7,0001.
was taken. The petition most be dithissed so far se it sought
to diminish or expunge the proof. The dividends upon the
=or wit be brought late court and sommulated until
order.