The Express.
London, England, 1853-07-16 00:00:00

NAVAL.

Psinsoa TAllll.—Every Milian is b
sae te emssiels tie Omer. so es Ss Imre bur WIN
lesaebel Ile MI WM. TM melba lad
Criass weabing aim Mere he lbel pews, sea
b= Ima anallisle re bastime et th.
Allaidibba udeLreff_ east le M
me lb' idit et
revesmest Si. urger Is eime et tame ssiasest
Hsi et MUM ships to be fembbei malt tits soma mew
=meximes.islak is the artsba wawy mei ems web es
Uwe a as fleebt et bee beisepest eissi
et las boy alms ausilsasi.

La Z Intelligence.
HOUSE OF LORDS.—YESTERDAT.

Arraata.—Baroas recce ss r _uaucamn Luau Buerau, ••D
. Be. LiON4lloB.a, ar,

EAST O. TWYIOID AND BAIT.—SINOVLAN WILL C• 111.
This Is an appeal from the Court of Chancery. The ap-
pellant is Sir Gilbert East Gilbert East, Bart., and the re-
spondents are Samuel Twyford, the surviving executor of
the will of the late Sir Gilbert East, Bart., and Gilbert
Augustus Gilbert East, the only son of the appellant. The
ernthen to be decided in this appeal is whether, according
t tio: true construction of the will of the late Si: Gill. rt
Eat, Bart., the appellant became entitled to an estate in
tail male or an estate for life in the estates directed to be
purchased with the funds arising from the sale of certain
Bank Stock and South Sea Annuities specified in the will
and marked there No. I ; and also whether he became en-
titled absolutely, or for his life only, to certain heir looms,
directed by the will to follow the disposition of the said
estates. The will in question was of • meet 'jugular and
eccentric description. It was written is a parchment
covered book, and the persons intended to take the pro-
perty were not named, but designated by letters of the alpha-
bet, and a card was referred to which contained the names
of the persons designated by such letter.. The will was
filled with marginal notes, and airections written in pencil,
which were, in the early pact, declared by a note of the
testator to be equally valid with the rest of the will. The
wording and mode of attestation were most singular and
unusual. An accurate etching of the arms and motto to be
borne by the persons who took larder his will, as well u a
drawing of a muralmonument to be erected tobimulf, were
eentained in the body of the document; and, taken alto-
gether, it was • most remarkable specimen of a testamen-
tary disposition. The book and card, however, were duly
proved as together containg the last will and testament of
Sir Gilbeet East; but the card was not attested
in such • manner as to pass freehold estate.
There was also a codicil to the will, giving his wife a life. i
interest in all the real and personal estate. The appellant
was di 'ignited in the will by the letter L. The testator
died en Ilth December, 1828. The testator's widow (who
atter weeks married the Hon. John Craven Weatenra) in
the year 1829 instituted a suit in the Court of Chancery
fur the purpose of having the trusts of the will carried into
execution, and of obtaining • declaration that, subject to
her life-interest, the trusts of the will ;elating tothe property
above metiooed as No. 1, were void for uncertainty, In
she lib Wet reported that the persons
designated by letters of the alphabet in the will and on the
card were as follows ; K, Eleanor Mary East, the testator's
widow ; L, Gilbert Eut Gilbert East, the appellant • DI,
Henry Hugh O'Donel Clayton, second son of Sir William
Robert Cliyton ; N, The eldest son of Rice Richard Clay-
ton ; 0, The eldest son of Augustus Philip Clayton ; P,
William Henry Tonge, eldest son of*William Norris Tonge,
in the wilt called William Tonga ; Q, William Capel Clay.
ton ; It. Samuel Twyford, one of the respondents ; 8, Sas
meal Oirdlestone, since deceased ; V, Gilbert East
W, The eldest son of John Lloyd Clayton. And also that
the testator died without issue, leaving Mary,
Clayton, wife of Sir William Clayton, Bart., Ith
sister, and heiress-at-law. By • decree in the suit in A
1b37, the trust of the testamentary papers of
the testator were ordered to be carried into execution,
and that his widow became entitled for life to the divi-
dends and funds arising from the stock abovementioned,
and to the residue of his personal relate. The SONIINSeII
widow, then Eleanor Mary Westenra, died is Desmober,
1839, and the suit was revived by the appellant, a.
son of Mary, Lady Clayton, the testator's *Nit pt INN
the eldest nos of her emend son who en ON lb,
baronetcy. alai esememl the ease and arms of 210), he
being thaw en imismit end by widow orders dee meet a
sum of 11. woe mind set of the fonds, to the 110181114
of the see,do. deolomted as No. 1, and invested in the
pentium demi 41111Mie, which were conveyed to the re-
spondent, demool Twyhed, Minas, in compliance with the
provisions hr the mesons entitled to inherit. By an order
of the Lord Crbemller of 17th December, 1841, It was der
clued that the appellmat immediately on the death a
Eleanor Mary Waiireee, the widow of the testator, bosom
entitled to the pareetligh of the rests and profits of the
estates, which hod been pmehmaid as above mentionjut
but no declaim was ghee as to whether he was so eat'
as tenant for life, OriNIIIINA in tail. The appellant in No-
vember, 1844, became of age, and by a &metalling deed
seaveyed the estates in question to Charles Nevoid. Wil-
liams, sad by an order of the court, of March, 1846, the
appellant was let into possession of the said estates, end
certain heir-loose were ordered to be delivered to him. In
1849 in the MUM of • suit brought by the Attorney.
General what demonei Twytord, the executor of the tea
tator, to mow legem duty in respect et the property
oboe; deelimid
emellell di Wm 1, he Celle of Eschequer held
*at the eselNited MOM hi MI mele is the *states,
ma duty wee melee es that per, and it was
eiseelhelleghr paid; it being admitted that if he
task an estate for life no duty weed& have been
payable. In May, 1850, the appellant filed a bill
egainst all the parties interested in Ids having
say a life interest in the estates in question, pinylog that
I might be declared that amerhai to the tree esmilenetion
ed the will of the testator, he wee entitled to ea estate in
tail male and not for We, and hat the Them should eon-
vey the said estates to him in heir elm that he
was absolutely entitle,' to all the Mashed to the
said estates, and which were delivered to Min arm the
order of the court, of March, 1845. The saw wee home
before Sir George Turner whoa VierChmedlor, who helms
of opinion that the appellant was tame Iha life only of die
estates, ettemnsied the DUI. TI.. present appeal wee dune
brought.
Mr. Mt and Mr. Bates appeared for the appellants, and
Mr. Nauss and Mr. Kent for the respondents.
The arguments were going on when their lordships ad-

EQUITY COURTS.—YIeTERDAY.
lama' rna Lome humus or Arrant.
WILLEM= V. WILMILIT.-110112111110TON
V. YOSNINOTOX
:Elbe deem el the Me Vbe-Ciaimeliee of England
M limits( of these Marta is Jess, 1849, it was
OM weds entities of speonest leads oa the
is MI of lAA Miesisitas sad his wife, and
hada amerediejleausseare to her a
esMMe,hlitfLacsuity
elikally performed; end *at by *me Ken* articles so
mashy of 1,0001. he her h biome sad was in equity a
shop is him of her kip* upon the rights and Is-
tweak Maw sad property which were acquired by se
meted is the iithedast, loed Messiapes, ender or by
Than K esetain deeds* oe dolled is Demedmr.
188$; end that Lund we. loot to moste a
mrsj.esseepiese is seder effectually to mime to her
• amp Kthe said annuity epos snit pre.
party.
fhe doom *es dhested • reference to the Metes to
ypeew sad oda ace* a deed of conveyance, a* Wee*
lwsi Xemlegles to assists such • deed to smarms,
*mese estthd egpmed. It having bees found in-
=p to Abet wind genies of the deems spa*
.sa seise 6r sebethsted service we stemmas
dileinede sad this melee Mobs base dread the albs&
me reseeded spirit W loribip by mipsisemiles. The
oggerendes geodes inellsehml, the mum wee ellimereeis
hhoodepw hither *mess% wires it wee mama Oat
lard lloeiegtew &SOU MUM the impeemem If as
belt deed of easseperre Masi by the Seam **is
moves dope der melee If the eerier, without embalm to
any audios as to the 'Why of her ladyships ehessetat
Outline spied any poems other thea Lord Mender
Ws
Oe Mare of pined seeds. ipso his lordship of
this mist, rabstinstal 'miss wee AIM* in the same way
as CM OS 11111111116114_4114 the sun time intima-
ted bribe iehmentise olds that it was intended
t=setekthopessims polities swim the Trustee Relief
thathisteelidp Wight be listened a trustee
117;111;2111f ; end ISM stem mesa might be
oppeisted le matte the deed in hie io.
lir. !.else_ in support of the psalm seed • letter
Orem bit hedmii to the milting, d' the politiemr to the
east dal be hip ad bees mimegessestot teith mama to the
sondes ht the suits, be booby all almg sited therein with
a view rather to the inmeemb of hie sea than of IdemalL
As, however, he had a high nespese for the Lords Joan,
of Appeal, he wished the Mewls be read in am" will a
cholas statement at the MIN thee that he world slide bf
the deelion of their lordships. His lordship
the lass by even* tbst be had always felt that, m •
peer iff 111,
Sim ride a oralm, he wee aces bound to respect the law
rs.
The Lori lestiess intimated the iodisation of their
**es to be that the ease was one within the mieshist
intim*** be remedied by the set, sad that the ever
might be mode subject to the same qualifications as them is
this able of further directions. If the cam shewhi hew
out set to fall within the scope of the act, of comet*
deed K waveyasee would be inoperative.

YESTERDAY.

COURT OF
ieireeepta.
Ix as Loma
This mos the hat meths wider the newt baakraptey
of Led likatiagtower, dasidlad on the prousdlege is
"Wllll lliesel Felix Tallomeebe, of Giarmeamquam,
haten•dhalsr, dealer, mad abigman." There were very few
essilloas la attendance, sal wily two debts were pyrowel la
the ammo of the sigh& The liabilities, iaelndiel those
ametheig wettish limier the former bantral he
large I the woke the has not beaaeeeaiirei.
Powell is moped la Investigating the aeleffats. Mr. J.
C. Cutter, Maher, el Greenwich, the p creditor,
wee trade assignee ; and r.M is the
rut=EM lordship was in alloadamise Emig
sad sampled a seat in the book pastel the
The *ram bankruptcy wee on the ha September. 1842.
lee lardridip_poosal lie bet estiatertits ea the Nth of
Jesivary, IVS, awiame up Dm blr aselldaas on the Bth of
Pe rosary fallowing. The aortilleate was tan allowed, on
amilticia that the estate sad effects et the brads pt *add
soma& liable to sorb creditors as had pared at Aught
pow the elate, until Nu la dm pm* sleald
la paid Is afterwards the lasolmat
Omit la ISIS. Up to fhb tCritherirbtlattaa as illiddlead
wader. the *Owl baslatigley ; but Oa amigees, it is
Male; anewlrle ohm bow of a seaslinealle onewat at
as
babe opeadlignalkal, which wild, at aurae, bis
flia ihrtkalsase, to the debts valor the Moan

INSOLVENT DEBTORS' COURT.—YartzsDAT

-
Draw Ma creme see Pumas.
IN TIN MATTIS 01 AN HUTTON 81121131.
This lambast, who bed kept word came for the sale
ofma *kale, sad dee a het dag Aloe la Bew-street,
le be
I "%Therm =Lira Kr. W.
tbe iallelo4oller
I lad M. °Woo wbes W. esignd, sapported.

bi seer to a question put by Mr. Commissioner Phil.
lips, the insolvent said he was 36.
Mr. Commissioner Phillips told him he looked younger.
The reason he asked him was dist be saw by his prone d-
ings that he had before two petitions is the court, and that
very recently, with large debts.
It appeared from the examination that Mr. Allcroft was
in the last schedule, and he had renewed his debt of 6001.
There was an understanding that he should not oppose,
sad that the debt should be renewed.
Mr. Cooke and Mr. Sorgood said the debt was void from
the beginning.
Mr. Commissioner Phillips doubted whether such was
the case. At all events, it uas very improper for an insol-
vent who was discharged renewing his debts, by which he
damaged his other cieditore. His Honour inquired whe-
ther it was intended to make any individual ground of
complaint on this renewed debt on the port of Mr. All.
mit ?
Mr. Dowse intimated that his cue was of a general cha-
racter.
On his examination of the insolvent it was elicited that
he was discharged under the set in September, 1850, when
his debts were 2,317/. Again in January last, when they
were 3,2721. ; and now he again applied. when his debts
were 1,8221., but for only 7791. had he received considera-
tion.
Mr. Commissioner Phillips found an entry in the sche-
dule of profit by a betting-office, and aseertaiued that the
insolvent had des-ribed himself es having kept a betting.
office.
The insolvent had, it appeared, five offices for the sale
of opera tickets—four at one time, which were in Bow-
street, The betting office was in Bow-street. He had an
office in the Strand, which was now given up. He now
kept the offices in Bow.street. Mr. Alleroft had the office,
No. 30, Bow-street, and also No. 23. Mr. Alleroft did not
keep a betting office.
Mr. Commissioner Phillips was glad an act of parliament
was in progress to put down betting offices. They had
ruined thousands of persons.
Mr. Dowse said there could be no doubt of it.
Mr. Commissioner Phillips—Particularly young men and
clerks In public offices—they have been ruined by the m.
Tne insolvent, it further appeared, had given his detain-
ing creditor, Foulkes, a warrant of attorney, and he had
seised all hie furniture.
Mr. Dowse concluded his case, and had nothing to say on
the opposition.
Mr. Commissioner Phillips said there was nothing in the
mu to prevent the insolvent being discharged. At the
vv... time be rend say that there were things in the ache-
dale which he dot rot like to see—such ati seiiewed debu—
g.' be would caution the insolvent against such a practice,
WMe if he renewed other debts, and came again to this
mart, be might find it a difficult matter.
The insolvent remarked that it was impossible for him to
get into business without he had done so.
His Honour told him the discharge of this court was not
to be treated as a mockery by him renewing debts. He
might rely on it, if he did so after the warning, he would
find it a difficult matter to be discharged.
The insolvent was discharged, subject to some notice on
creditors being corrected.

ASSIZE INTELLIGENCE.
HOME CIRCUIT.—Cun,msroRD, JULY 15.
terms NIL ATTICS CITABITILL ASS a SPICIAL JUST.
The business of these wises was brought to a conclusion
to-day.
LAIN V. PLAXTON.
This was an action to try the right of Lord Wellesley, as
lord of the manor of Winstead, to enclose a portion of the
waste called Wenstead Flats.
Sir F. Thesiger (who came down apon a special retainer), '
with Mr. Bovill and Mr. Willes, were counsel for the
r• Mr. B. James, Q.C., Mr. Bramwell, Q.C., and
ted__ well, were for the defendant.
The are tamed open the question whether, after the
'seisms et She ponima of the waste referred to in the de-
glandes, loftiest was left for those who bad the
right of amass. Tae evidence upon this paint appeared
to be Whew sealhetthg.
The jury is the result found a verdict for the plaintiff
upon the substantial issue raised in the cause, but found
soma of the issues for the defendant.
At the close of the criminal business, Thomas Cornell,
who, it will be recollected, was convicted of horse stealing
under rather peculiar circumstances, having been acquitted
only a few days before at the Central Criminal Court upon
a similar charge, when he stated that his object was merely
to have a ride, was brought up for judgment, and sentenced
to be imprisoned and kept to bard labour for sin months.

NORTHERN CIRCUIT—Yoax, JULY 14.
Caowx Court. Bares' ■a. Myra' Fails.

TRIAL OP RAILWAY DIMICTORO POZ YA/OILAIIOIII2I.

Har►y Stephen TAompools, George Sista Seymour, and
SONlint Priming's, direeton of the York and North Mid-
land Railway, were charged with the manslaughter of
Joseph Sykes sad John Thompson, at Brayton, near Selby,

on the 6th of May tut.
The defendants were not placed in the dock, but ap-
peared in the magistrate's gallery. The grand jury ignored
the bill against them, and Mr. Milner, M.P., the foreman,
stated to the learned judge that it was their unanimous
opinion the death of Sykes and Thompson had arisen owing
to the bad state of the permanent way. The directors were
arraigned under the coroner's inquisition for the offence
stated, to wale% they Worldly plmultd N,4 0,./?y.
Mr. Hall stated that the charge instituted against the
directors arose out of an accident which occurred on the
Leeds and Selby Railway, on the sth of May last, the
result being that two of the servants of the company lost
their lives. The cause of the death of the deemed was
carefully and patiently inquired into before the coroner's
jury, who, after mature deliberation, returned a verdict of
manslaughter against the directors of the railway. The
case had also received the anxious attention of the grand
jury, and they had thrown out the bill preferred before
them. After carefully going through the whole of the
facts, they had come to the conclusion that no culpability
or negligence rested against the directors. Under these
circumstances the learned counsel said he did not intend
to offer any evidence against the directors. If it should
eventually tarn out that other parties were to blame for
the accident, the guilty persons would not be suffered to
escape with impunity, as further inquiry would be made
an the subject.
The jury then returned a verdict of Not Guilly, when
Mr. Hanwles said he anti his two learned friends ap-
peared on behalf of the three directors, but from the
souse the cane had taken it was hardly necessary for
him to make any observations. The grand jury, how-
ever, having made some remarks in reference to the
accident, which they attributed to the defective state of
the permanent way, he =addend it necessary for him to
make an observation or two. The remark made by the
grand jury was probably warranted by the evidence
brought before them, but he contended it was of an es-
parts character. If the inquiry had been proceeded with it
would have been shown that the cause of the accident was
owing, not to the date of the line, but to the reckless speed
at which the train was going.
• Mr. Justice Brie said he rather regretted the observation

..... _ .
which had been sad*. He, however, believed that the
evidence, uto the point alluded to by Hr. Knowles, had
been fully weighed by the grand jury previous to giving
their opinion. He gathered from what had been stated
that it was considered neessaary for the interests of public
justice that the matter should be further investigated in an
authentic manner.
Mr. Knowles said the directors, he wee sure, would throw

no obstacles in the wey of such an inquiry.
Mr. Justice Erie stated that the directors were not re-
sponsible, bet the grand jury had come to the conclusion
that some one else was responsible, and if their opinion
should turn out to be well founded the matter, as he un-
derstood it, would be pat in train for a prosecution.
The three directors then left the wart.