The Express.
London, England, 1847-11-19 00:00:00

tato intattgenct.

EQUITY COURTS.
Before the lore Chancellor.
TRULOCY V. ROEET.—BILL OF REVtER.—ThiI was an
appeal from an order of the Vice-Chancellor, allowing a de-
murrer to a bill of review, which was filed to collect an
omission in a decree in a suit for redemption of mortgaged
premises.—Mr. S. Miller, in support of the bill, and of the
askeppefalo r
:cad. prayeracetohuentf
tu ofe retnhue formeroo and
profits bill,
of
tbwhiche
mortgagedom
premises while they were in the possession of Mr. Robey,
senior, then dreamed. The decree likewise omitted to direct
those accounts to be taken, and the master, in taking the
accounts directed by that decree to be taken, reported that
he did not take the accounts of the said rents and profits,
because they la ere not referred to him by the decree. The
:earned counsel submitted that, as the redemption bill
prayed geueral relief, it was an error in the decree not to
have directed the accounts of the said rents and profits
to be taken. And that was one of the errors—he mentioned
another—apparent on the face of the decree,which the bill of
review proposed to have corrected.—The Lord Chancellor,
without hearing the counsel in support of the demurrer, said
the rule, on the subject as laid dawn by Lord Eldon in " Perry
v. Phillips" (17 Vesey), governed the practice of the court.
The plaintiff in the original suit prayed to be declared en-
titled to the equity of redemption, and that accounts might
be taken of the rents and profits of the mortgaged lands
while in possession of Robey, the younger; and that he
might lie decreed to repay the surplus no received beyond the
mortgage debt. That was what the bill asked the court to
do. The plaintiff now comes and says he wants rents and
profits received by Robey, senior ; and says it was an error
apparent on the lace of the decree not to have the accounts
of them directed to be taken by the master. But he did not
by his bill ale the court to direct these accounts to be taken,
and now he complains that the court did not do more for him
than he asked, and be files the present bill to obtain those
accounts. Rio Lordship wasclearly of opinion that the Vice-
Chancellor was right in allowing the demurrer, and the
appeal should be dismissed.
NIORTINOALE V. BOULBURN.—BSQUEST TO THE CHAN-
CELLOR OF THE EXCHEQUER, FOR THE BENEFIT OF GREAT
BRITAIN.—This was aa appeal from a decree of Vice-Chan-
cellor Wigram, declaring that a bequest made by a testator,
in the terms which here follow. was of a charitable nature,
and therefore valid : " I now desire that my said trustees
and trustee shall convert all and singular my investments in
stocks, fund*, and other securities, into money, and do and
shall pay such money, and all other trust money whatsoever
remaining undisposed of, after payment of all and every the
legacies, bequests, and donations, and sums of money afore-
said, and all expenses attending the execution of this my will,
to the Queen's Chancellor of the Exchequer for the time
being, and to be by him appropriated for the benefit
and advantage of my beloved country, Great Britain."
The residuary estate subject to this bequest amounted to
16,0001. and a fraction.—Mr. Romilly and Mr. Sidney Bell
for the testator's next of kin, in support of the appeal, con-
tended that the terms of the bequest were tea vague and
uncertain to constitute a charitable purpose, and if it failed
as a charity in any part it tailed altetlier, and the next of
kin of the testator became entitled. They cited a great num-
ber of cases in support of their argument that the bequest
was void. Among the cases were, " Morriee o. the Bishop of
Durham " (19 Vesey), " Browne v. Veal* " (7 Vacy, 60
note), " Vesey v. Janson*" (1 Simons and Stuart), " Wil-
liams e. Kershaw," (5 Clark and F., 11l note), " Ellis
e. Selby" (1 Craig and P.), and " Milford e:Reynolds "
(1 Phillips).—The argument, were not concluded at two
o'clock, when the Lord Chancellor rose to go to the Ileum of
Lords.

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