The Express.
London, England, 1851-11-12 00:00:00

the pine:
It was submr.tted that in charity cases the habit of the I.
snort wa rie vcr to taterfere with a scheme eanctioned by
the Master unless upon very strong rounds, and when the
Attorney.Cieneral approved of a scheme and the parties
theasslves who were interested did not differ, the court
toter !Motel any übj:ction.
The l'icc.Cbancellur said that such a course uthat sag
resell by •wined, stated to be the practice of the
nowt, was, no doubt, calculated to save the Judie a greet
deal of trouble ; but he recollected when he used to peas-
UM if tht kola Court, where he had Rained all his infor-
mation as to the rules of the court, the Master of the Molls
invarialdy read Olrtf 11/M,Cif every scheme fur the
Wilt of charities, whether there was any objection 1=l3;
it or not, and this rule be felt inclined to &divers to; sad
to future he ahem:d consider it his slaty, whether all the I
parties interested were sati-lied or wit. and whether the
Attorney•tientral had sanctioned the scheme or sot, to
look into the matter himself, and not to delegate to others
what he enseddered to be the duty of the judge himself.
Be should not, however, look into the scheme for the
purpose of differinc lightly from the Msder's finding, but
he conaid. reel that he was hound to make himself ac-
quainted with all the facts of the ease before he gave his
aon, ton to any scheme fir tho manweerneut of a charity.
In the present ease he should reserve his judgment, and in
the meant; le:.i.uuld take an opportunity of speaking to
the Mast.r upon the subject.

COURT OF COMMON I'LEAS.—YEKTADAT. •
&noise no Dare ooms calm arnx. Jaavo.,lee at erica
Yager, N. item a witelawe, ••ri Us. Seneca rfteroUro.
BSAMOICIA le C. laieu Leis tresnollolnal.—Trii WINDING-
Act.
The pleintiff C.. 4 ease took ahares'ln the Deal end
Dover Medway Company, and paid the &posit open them.
The company, however, failed to get toelr att, and an order
was made to wind up their &Naive, end an official in ...ger
was appointed.; Tim defendant was • provisional committee-
man, sisal the attain was brought to recover the amount
paid by the plaintiff upon his s'earm. The defoudanc
pleaded a long special plea, giving a tindery of the scheme
and th, prate ,dings under the Winding•sp Act. This plea
was demurred to, th.• stion raised for den -ion Leine
whether the action moat not be against the official manager,
instead of aaprOisa the present defendant. The point turned
upon th' construction of the Wineliog.up Art, which has
already gists ri 4 10 • vast quantity of
he cow was a-gueel by Mr. Brown and Mr. W.lies, and
cucupie el the best Fort of two days.
The Court held thst the plea vow a had one, and that the
demurrer must br allowed.—Judgoseitt fur the plaintiff.
Memo-nate. PATTIN.M.—COICIII:MUVII rice coNcl: et-
SINT J e iii•O•lorroN CLatoilt UV /14LCIIVNIT Collie/1i All'
This we. so orliou brought in the superior courts urn
a proueireesq note. and 91. 19.. Gel. was recovered. fhe
panics reaided more than 20 miles apart, and therefore
the plaintiff by the 12fi1h tee. of the 9 and 10 Vie.,
cap. 94, who entitled to commence the action either
in the superior or inferior court, and the 13th section
of the 13 & 11 Viet , r. 61, enacts that where such enaction
shall be brought .ii the superior court, the court or a judge
may' direct tied the plaintiff nnover his costa. The
question now was, whether the wool " may" gave • tliscre-
tiOn to grant or refuse eosts, or wslll obligatory upon the
court or polite to give costs. An application wait made in
this cas • to Mr. Julies I'attrson, who thought he had a dis-
cretion m the matter, and endow, ed the summons as fol-
lows --•• I think there was coneurrent jurisdiction, but no
snakier,. rt 'ern, why the plaintiff bleed in the superior
court;" the. effect of which was to deprive the plaintiff of
costa.
Mr. Iladeley now moved fur a rub to show cause why
the should not be directed to tat the costs' and sub-
to the court that the plaintiff was aboolutely en-
titled to his costs, and that the judge lied no discretion to
deprive. hem of them.—Rule granted.

COURT OF EXCREQUEIL-TESTERDAY.
Immo, I. II Nrriez rue Las CYIu BAUM. 31s. li•cox
nab. APO 11... Rawl. PlArr.
8411AUE O. •UAINAT AM ATTOMMZT rut

♦Y ALLEIIED BREACH UV CUNTNA(T.

Mr. E. dame said—This was an action which hail been
brought against an attorney residing in John-street, Bed-
rostrata., to recover conspetwation in damages 1,3 t an alleged
breach of contract. The verdict was found for the defen-
dant. It appeared that a person named Savage had been
sued, togethi r with a Mr. Story, for having made an illegal
alihtrers. Savage was an auctioneer and broker, and Storey
bad employed him to effect an entrance into a house in or-
der to seize aurae property. For the purpo.o of doing
this it wan necessary that Savage should force open
the outer dour of the Lowe ; and for this ille-
gal pauereding an action was brought. A verdict was
"obtained gig:died Savage and Ekurey, with 40'. damages,
and for the damages rad coats they wire both imprisoned.
Ishe friends of Savage raised a subscription to pay 11W.,
for which amount he was in custody, and that hum was
deposited in the hands of Mr. Blake, the attorney of the
plaintiff in the action for the illegal distress, for the purpose
of obtaining Savage's discharge. The per-on who de-
posited tne neeneywas a Mr. Cane, a plumber and glazier,
who had himself given 501. towards the release of savage.
Upon depositing the money Mr. Cane asked Mr. Blake to
give him a memorandum, but that gentleman replied that he
was A I in the pyorrhea,,,,, and his word was therefore
auffkieut. Mr. Blake, however, did not appropriate the
money for the purpose for which it had been raised, but
put it into his pocket, as was now stated, in ceder to pay
au old debt of 2001. which Storey tiered him; and Storey
and Savage were allowed to remain in custody, and are
still in confinement. It was for not paying the money, in
order to Pet Savage at liberty that the proof nt action of
teera di of contract was brought; the plaintiff contending
that Mr. Blake had entered into a contract with Mr. Cane
to pay the money in discharge of the debt for which be
had been arrested. The learned counsel now moved for a
rule for a new trial, on the gerund that the Lord Chief
Baron who tried the case had misdirected the jury in
telling them that in point of law the contract between Mr.
Cane sod Mr. Blake was a contract that the money should
be applied towards paying the debt of both Storey and
Savage. and therefore both ought to have sued. Tbis di-
rection the learned counsel now submitted caused the jury
to And a verdict for the defendant when they otherwise
would hare returned one for the plaintiff.
The Court granted a rule nisi.
notate v. BALIMIN.—ACTION rot LIRRL.
. . . .

This was as action, which had been brought by Sarah
Mary Iloare against the defendant, a. the proprietor of the
iblentimy Ilerehl newspaper, to recover compensation in da.
mftee ba a aeries of oilseed libels reflecting on the character
of the plaintiff, which had appeared in that journal during
the years 11141, 16101, sad 1847. The cam came on to be
tried before the Lord Chief Eaton, at the sittings in Mid-
dhows, after last trinity term, when the plaintiff withdrew
the record under the following circumstances. In order
to prove the plaintitrs cm, it was necessary for het to pro-
dace some copies of the paper which were tiled at the
British Muss um, and these papers not being forthcoming
at the laid Asa applied to the Lord Chief 'Lunn for au
order to be sent to s.r Henry Ellis, the librarian of the
Alms um, to coaspel him to send the copies of the paper
which • ere requar,A. This AU lordship declined to do, and
thereupon the plaintalf withdrew the record.
Mr. now mosesl to make the rule nisi, which he
*barest. to cuter judgment a. in ease of a sunsuit, abso-
lute. 11... learned counsel stated that the defendant would
be *Olio; to hate the taus.• tried, if the plaintiff would
enter into a peremptory undertakino to try it, and would
pay the arts s,t tlw slay oncurred upon the last trial. If the
plauntolf would not consent to this, the defendant must
pros to hare his rule mode absolute.
Mir 'lmre, who spps•unrd in person, to show cause
against the rule, put in an affidavit, an which she sit forth
that warn she bad withdrawn the record, she had done it
apes ask waders:erten.: that by so doing she would ton have
i• submit to an order to pay the cost., of the day Wrote she
Gould Whig her C,1.0 os again.
The Lord Chiel ltaroo—Do you wish to try your case,
Mir Home ?

Miss lloare—Certainly, my lord.
The Lord Chief Itaroa--Thes as you must hare paid the
rods of the day at the time of the tri.,l so you must pay
them am,
Miss Hoare then proceeded to contend that she was not
liable to pay the roots. and, even if she were, she could not
do so as she hod no sainsey. It had cost her Ott 1.55. to
being her witnesses (13 in number) together on the uremia.
of the trial, and that money she had been °Ciro' to borrow
of her trued*. Miss Hoare then addressed the court
at consul, cable length, and said that she was •
destitute individual, who was i 'ideas curing to up-
Bold that which was dearer to her than life, vie.,
her reputation. Msay who were now following • cosine
of rite, and others who were inmates of a prise's, had been
lest dneeato do wrong by having their reputation 'mailed,
sad the mesas of living by their own exertions thus taken
away from thew The tdatatiff then handed up tome au.
'bonne, to the beach. which she stated showed that under
She eiremanances of the rase, she was not liable to pay the
defendant the roes of the day.
The Lord Chief Baron here informed Miss Hoare that the
aathorities upon which she relied had been superseded by
the sew roles, and were now no lon' •ie law.
Miss lloare—Then why does the Court of Exchequer
plate them into my hoods. my lord? (Laughter.)
The Lord Chief Baron—We can't have all the old books
burnt.
Mies Hoare—They ought to hire them sealed up.
(Laughter.)
the Lord Chief Baron then explained to the plaintiff
that if she wished to hare the case tried again she moat
eater tato • peremptory undertaking to try it, sad consent
Is an order to psy the coots of the day of the last trial.
The plaintiff e,asented to this, and the role nisi to enter
judgment as in case of a amnia was discharged.

PREROGATIVE COURT.-YESTERDAL
bayou en H. J. hi-.
WILLIAMS t. WARD, LAIDLLY I. ' NINO

This was a cause or business of proving the last will of
John Watson, Esq., late of Belmont, near Maidenhead,
settee( Old Cavendish-street. The instrument bore date
the 2Sth of January. 1840, and war propunded by 3(r. T.
M. Williams, oar ut the executors thereof. Its validity was
impugned by Mr. Ward, an exmator appointed by a former
will. A 3 allegation on behalf of Mr. Ward had been given
in, which pleaded the death of the testator oa or about
the 26th of January, 1830, a bachelor, aged 63, leaving
behind him his brother, Robert Watson, and the children of a
dec.-m.1.61er, his lawful nephews and nieces, and the
only parties entitled in distribution to his personal
astate and effects hi the event of an intestacy. That
at the time of has decease and for many years preceding he
bed been the bead partner of a ON filYI WO ben is Bengal,

the importations from which, consisting of Gabs indigo. Isms
and sugar, amounted to upwards of 100,0001. annually.
That Mr. Ward, the party to the present suit, was employed
by the deceased in 1838 as his solicitor, and so continued up
• Rohn. death. It pleaded that the dimmed executed a will
in the year 1839, and in the early part of 1811, being de-
• serous of making some alteration in the disposition of his
estate and effects, gave instructions Inc a new will which
be was anxious 'Mould not interfere with his agents in the
management of the partnership affairs, and which ha
signed on the 19th of April to that year. That by such will
Mr. Watson devised all his real and personal estate in bog-
I int, iced in the province of Bengal to trustees, to carry un
his business until the expiration of the co-partnership,
and he bequeathed, in addition to certain annuities, pecu-
niary legacies amounting to 85,0001. To his trustees he
gave the sum of 20,0001. to pay such part of the dividends
thereof as they thought proper for the maintenance and
education of Miss Watson, his illegitimate daughter, dur-
ing her minority, and on her attaining 21 to transfer to her
the principal thereof, and he bequeathed to the wife of Mr.
Williams an annuity of 2001. for life. It pleaded that on
the 25th of January, 1850, the deceased being seriously ill,
Mr. Williams, the party in the cause, called on Mr.
Dimond, a solicitor, and requested him to call on Mr.
Watson, for the purpose of making his will, informing that
gentleman that he had made nu will, and wished to make a
provimon for an illegitimate daughter, and replying to a
question put by Mr. Lbmond stated that the deceased
had no solicitor of his own. That at the time
ractinn, were given for the will, and also
when it was executed, the deceased appeared to be
in • dying state; that his mental faculties were im-
paired, and that he was incapable of understanding the ems-
tents of the instrument and the effect it would have upon
his est des i.. India or upon the capital embarked in his
business in that country, and especially with respect to the
winding-up of his partnership affairs. That at the time
the will now propounded was executed, the will of 1811 was
in an uneancelled state, and was tumid in a box which he
kept in his room. That the daughter to whom 20,0001. was
bequeathed by the will of 1814 was the same patty to whom
the annuity of 2001. was given by the latter instrument;
and that Mr. Abbott. one of the executors named therein, had
bad no preening acquaintance with Mr. Watson, but was a
friend of Mr. Williams's and on terms of intimacy with
that gentleman. The resionsive allegation given in un
behalf of Mr. Williams pleaded that the deemed sus-
tained Twines losses subsequently to the execution
of the will of 1811. That the mercantile firm in which he
was head partner required advances amounting to the sum
of 290,000/., end that in consequence the deceased's affairs
were in a very involved and embarrassed condition, and his
rotate and effects would be small, and not more than: suffi-
cient to meet the several liabilities thereon; that the de-
ceased frequently complained during the latter years of his
life of the embarrassed condition of his affairs, and said he
should be a ruined man, and dining tne last year of his
existence expressed great anxiety lest his natural daughter,
for whom he had always entertained much affection, should
be left wholly or nearly unprovided for; that shortly be-
fore
his decease he wrote to Sir G. M. Anderson, governor '
of Ceylon, expressing a hope that, under all the circum- '
stances stated in such letter, he would allow Miss Waters
3001. per anr.um, and he also wrote to his brother,
then in India, asking him also to protect her; that the
deceased towards the latter part of his life had greedy
diminished his contidenco in Mr. Ward, and had diem-
mined un executinz a new will. That on the 24th of
January, 18.50, he sent Mr. Williams, with whom he we
on terms of great friendship, and who had charge of Miss
Watson, to his house at Belmont to fetch certain boxes of
papers with a view of making the will now propounded.
That on the fillowiim morning, being warned by his medi-
cal attendant of the necessity of settling his affairs, he on
the return of Mr. Williams requested that gentleman to fill
up a will paper. This Mr. Williams declined to do, and
proposed to send fur Mr. Ward or Mr. Lardley, which pro-1
position however was negatived by the deceased, who told
him to call in any professional man he chose. On asking
him whom he wished to appoint executors he replied that
he could place confidence in Mr. Williams, and would ap-
point him. That on Mr. _Williams suggesting vari-
ous parties to be associated with him, the tes-
tator replied "No, name any person you like."
Captain Abbott was named and immediately approved of
by the deceased. it further pleaded that Mr. Williams,
in accordance with the desire expressed by Mr. Watson,
that he should call in a solicitor to prepare his will, waited
us Mr. Dimond, with whom he was not previously ae
quainted, but did not inform him either that the deceased
had no professional adviser of his own, or that he hail
mole nu will. On the contrary, he mentioned that the de-
emed did not wish to call in his own solicitor—that on the
day of the testator's funeral the will of 1814 was discovered
in • box containing old account books and loose papers,
with the envelope unsealed, and was not in the room in
which lie died—that his usual manner of speaking was
Quiet, slow and gentle, which was increased by his illness,
but that his faculties were not in the least impaired
or debilitated at the time he executed his last will.
In conclusion, it pleaded that he was advised by his
medical attendant to settle his affairs, and was at the time
perfectly capable of understanding the effect which his will
would have upon his estate and partnership.
1)r. Harding (with whom wee Dr. Deane), on behalf of
Mr. Williams, contended the capacity of the testator was
most clearly proved. The only difficulty which hail arisen in
the case, ffsuch it could be called, was Mr. Dimond seem-
ing to doubt new aboat an act in which he took au active
part at the time. The features of the will propounded ap-
pearing somewhat minimise and at variance with previous
dispositions might be accounted for by the great change
which had taken place in his circumatances, and from the
securing the annuity of 2001. being the suggestion, not of
the deceased, but of Mr. Dimond, whose views of the legal
machinery accessary to car his intention into effect were
adopted by the deceased. lie submitted the court would
feel itself bound to pronounce in favour of the will of 1850.
Dr. Itobinson appeared fur Mr. Laiilley, who intervened,
and who was a nephew of the deceased, and contended for
the validity of the will.
Dr. Jenner appeared for Mr. Ward, and said he did not
intend to rest his ease either on insanity or delusion, but on
the feet that the testator's bodily weakness was so great
that his mind was necessarily affected by it. Ile contended
this was clear from the medical testimony. It appeased tho
testator as well as Mr. Williams was altogether ignorant of
tie existence of any former will, although the will of 1814
mos in the chamber at the time the latter one was signed.
Without imputing acy wrong intention to Mr. Williams,
tame motives might have been very good, that gentleman
MI sated in ignorance of what had been done formerly,
sod Mr. Dimond had taken for granted all that Mr. Williams
bud told him ; but if the deceased himself had been con-
sulted on the subject of a former will, or with respect to
the state of his affairs, all misunderstanding might have
been avoided. He (Dr. Jenner) submitted the case was
ma of defeeit probatio, and that the evidence of Mr.
Dimond showed that had he known the real state of things,
be would never have advised the deceased to execute tue
bitter will.—The learned Judge postponed his decision.

COURT OF lI.►NUI{UPTCY.—YYattraDAT.
Bone' •re Amos o.onnuffours.
IN TUE &VlP:M.l'l.lft OF CHURTON.

The bankrupt, a bookseller in Holles-street, come up on
the choice of amaignets. The debts and liabilities are heavy,
and the amount which the estate will realise as yet very
douhtfil. . .

Mr. Linklater appeared for the assignees.
A Mr. Jobson, who claimed to be a creditor, made a
grace complaint against the bankrupt. He said that Chur.
ton had ol•teiced from him 250 copies of his work (the
" History of the Trench Revolution "), and that when he
went to his house to ask for his books or hi: money, the bank.
rapt was most insulting to him, and finally stare him into
the custody of his shupman, who hail, during the Chartist
riots, been sworn in as a special constable.
The Commissioner said he had no jurisdiction.
Mr. Linklater said he had been informed by the bank-
rupt that the whole of the copies were not worth more than
2/. 101., and that the claimant appeared as a debtor to the
estate for _ _

Mr. Joheon said. so far from owing anything, tho bank-
rupt owed him 501. or 601.
Mr. Lin...later said that, if the applicant scat in his claim,
it would be shalt with in the ordinary manner.
The Commis.ioner said that was the proper course.