The Express.
London, England, 1848-05-08 00:00:00

THE EXPRESS, MONDAY EVENING, MAY 8, 1848.

--------
his sister, after his wife's death, and the other one-third to
plaintiff, who is the eon of the testator's solicitor, the drawer
of the will. The testator's brother and to will
to whom
only • small legacy was left, impeached the will, as obtained
by undue influence exercised over an unsound mind.
An' action brought to try the validity of the will
resulted in a verdict in ita favour, and • motion for a new
trial wee refe The defendant, during the litigaion,
contracted forus thd. e purchase of the plaintiff's share of thet pro-
perty, but objected to the title on the ground that the bur-
et-law contemplated further litigation. The muter, on re-
ference of the wiestion of title to him, reported in favour of
t, and Vice Chanllor Knigh Bruc armed the report.—
' iMr Purvis' sadce Mr. Willeoct k, ine supffiport of an appeal
' by the defendant from hie honour's order, contendod that the
defendant ought not to be held bound to acceptai the
ff title un
* the heirat-law was quieted, which the pinti might
do by filing a bill.against him. The will was obtained under
mopicious circumstances ; the greater part of the testator's
groperty was left to strangers, to the exclusion of the brother,
-dad one of these strangers being the UM of the attorney who
made the will.—Mr. Matins and Mr. Ranch, contra- sub-
, Vetted that the verdict in the action and the refte.al to grsnt
a new trial ought to be held sufficient to establish tho will.
de.
The title to the property here was as geed se any title
rived by will. There wu a want of caution in the attorney,
father of the plaintiff, drawing the will ; but no mo
re
than
ca that. The ses of " Macqueen v. Faiquhare " (II
Vesev, 467), “Osbaldfston e. Askew" (2 Jacob and
Walker, 639), and "Open v. Palsford " (2 Bowan,
70), were cited and commented on. The Lent
Chancellor observed that the circumstances in which
it appeared the will was made, and in which undue influence
might or might not have been exerncice of tie
heir-d east some
suspicion ou the will. The per.severaat law
it. seeking a new trial of the action d
ieo g not yet qntendin again
st
the will before the master, showed tatl is ui
Kis lordship fully adopted the observations of the Master of
the Rolls in "Green v. ralsteril," that it was equally de-
sirable for the vendor as well as the purchaser to put en end
to the claims of the heir-at-law, which the vendor had it in
his power to do by filing a bill organist him to cetabli-h the
will. That was • course of proceeding more consistent with
the doctrines of this court and more satisfactory in the result
than a contest u to title between a vendor and purcha-ern
The best way now is, to let this suit eland ovi r until the
plaintiff establishes the will by bill against the heir at law.
------

before the Sinter of the nods.
WILSON tI.EDEN.—CoNaTILUCTION OF WlLL.—Mr.TurnsT
replied in this ease. The suit was lest ituted to hove the opinion
of the court on the construction of the will of Sir Rub. rt J.
Eden, 13 irt., deceased, late of Windlestone, in the county ot
Durham. Ile pant his residuary personal estate to his °right r
Morton John Dinieon, formerly Morton John Eden, Ono.
lutely, and all his real estates at or near Winillestone and at ,
other places in the counties of Durham and York, and also
all other his real estates he gave and devised to trustees for
his brother, Morton John Davison, fur life, end then to his
first and other sons in succession in tail male, and in default
of such issue to Sir Wm. Eden, Dart., his heirs and avdp.,
for ever. The testator's brother died in his lifetime without
issue, and after his death the testator republished ha will by
a codicil dated subsequently to the Will Ac,, 1 Viet., e. 20.
It spin ared that the testator was possessed of eh iut Gi!O
acres of leaseholds, fur years, held under the Dian and
Chapter of Durham, and which was intermixed with hi•
freehold property at Windlestone, and approached to within
300 yards of the mansion, and had been held by the family
for about 72 year.. It was coLtended, on behalf of the
plaintiff, Eleanor Wilson, whit was one of the to tator'a neat
of kin, that these leaseholds did nut pass by the devise of
real estates to Sir W. Eden, but were included in the be-
quest of personal estate to the ti stator's brother, which
lapsed by his death in the testator's lie -time ; and this was
the question now diseuoted.—ldeurs. Turner and Elonley
wire counsel for the plaintiff; and Messrs. l'urvis,
Faber, Gull-mid, Dickiamin, and Hodgson, hooped,
parties in the same interest as the plaistatr —Mersrs.
Walpole, Matins, and Dumergue were counsel or Sir W.
Eden.—The blaster of the Rolls reserved his judgment.
bloom r. PATEN —WRIT OP NE EILEAT ILEONO.-11r.
James moved for a writ of ne titlit ennui against the de-
fendant, George Payne, who, as a trustee and ex. cuter, was
found hr the madr's report to be accountable for a sum of
about 2NI. It appeared that he was on the point of wiling
to America fur the purpose of taking up his residence there.
Ilia lorib hip granted the writ.
SIRDEFIRLD r. THACKER.—MOTION TO DInCHAHOE AT-
TAiIIMENT. in this ease, which was a suit for prtnership
acc..unts, as order had been taken by consent for &reference
and tor the appointment Lo a receiver. rending the pro-
ceedings Lcture the roaster for the appointment of a re-
ceiver en attueliment was issued against cue 01 the de-
fendants for waist of answer, and an oh,ektion was taken on
',chill of the plaintiff before the master, that the defendant
in contempt could not be heard on the question of receiver.
—Messrs. Roupell and Molina now moved to discharge the
attachment on the pretend that it was irregular to issue it
aft, r what had taken place in court without any notice to
the deg orient that an answer would be required.—Mr
Caukrien opposed the motion.—The Pilaster of the Roll.
thought the attachment was strictly regular, but that it
ought not to have been issued without notice. Under the
circumstances he should diathatge it, and give the de-
fendant three weeks to put
an
sn answer ; but he must pay
the costs of the attachment and of the preemie motion.

Before Vtre•ChoneeKer Knight Bruce.
rAETE, CLARICE ES READINO AND BA-
NUsTUILE RAILWAY COlir•NY.-111 Oils Case in Which it
may be remembered the Vice-Chancellor decided, on en ap-
peal from the commissioner, against the right of an alumna
to prove for the full amount of his deposit, but reserved the
consideration of the costs, his Honour now threeted the costs
to be paid out of the estate. Mr. Rutiell and Mr. Louie, for
the rev kon anti, iutimated that it was not intended to appnal
from ha Honour's decision.

BAIL COURT.
Bitting* in Damn, berme Mr. Justice Coleridge.
THE LONDoN, BRIGHTON, AND tioUTH COAST RAIL-
WAY V. THE JIAITICEM OF THE COVNIT OF SURKEY.—
CEHTIOHAItI.—Mr. Warrenger moved for • rule calling on
the justices of Surrey to show cause why • writ of
certiorari should not issue to have the proceetlinge iu an ap-
peal case brought up, for the purpose of being
C that the appealedtog, and South Quarterway Company had appe the Surrey Court of
Sesaiems against a poor rate whi h had been made by the
parish authorities of Croydon. The appeal, however, was
abandon, d. rind, in the of the representative of the
company, it was dismirecd with 1161. costs. The usual
custom of the court was not to allow more than 40s. coats
where notice was not given that application would be made
to allow a larger sum.—Mr. Justice Co:eridge said that the
justices hail the power to make what order they liked fur
costs, without the company being present, and their ab,ence
was not the fault of be justices.— Mr. Watrenger throe took
an objection that the order was informal, inasmuch as it
did not show that the quarter sessions at which it was
mad: was a court sittiog for the whole county of
Surrey.—Mr. Juatict Coleridge said he thought it appeared
from the language of the order, that it was a court of quarter
sessions sitting for the county of Surrey. Mr. Wartenger
then took a second objection, Ow. the order did Irot
lstain
hip
in
respect of what the 1161. costs was allowed ; hut his ords
also overruled this objection, and the rule was therefore

refuted.
1.118 QUEEN V. LAZAltt's AND ANOTHER.—AESAULT.—
This was a case in whtch articles of I he pc ice were rzhibited
a few days since by a Mr. l,rael Alt sander aivdnst Mr.
Samuel L. Lamm; and George Augustus ?dinning. On that
occasim Mr. J us ice Coleridge ordered troth the delendontr
to enter into their own recognisance', themselv. in 401.
each and two sureties in 201. each to keep the peace for two
years.—Mr. II addlcstone now said he wee prepared with
the necessary hail. The parties who were willing to become
bail then came forward and were sworn.

COURT OF COMMON PLEAS.
tatting% In Bunco.
FLIGHT V. 0111 Its.--ST. STLTHEN'II, WALHROOIi..
Atkiidion moved LI. a rule to show cause why an order Mr. of
Mr. Justice Erle, which had been made • rule of court,
should not be set aide. The question arose on the well-
known disputes in the parish of St. Stephen's, Wulbruok,
and an action had been brought to try the right of the re-
nitence of a select vestry. At the trial the question was
turned into a ape Mal case, aid judgment was given for the
defendants alter the case had been argued. Subseqtlyue
writlof error was brought ; but it was found, when he tease
came on to be cranial in the Eachequor Chamber, that the
point was not stated as it was in this court, and Mr. Justice
Erie undervaik to amend the case. Negotiations having
been entered into for a settlement of the matter, the parties
attend d before Mr. Justice Erie on Jan. 8, and agreed to
the following terms: " The judgment of the Court of Com-
mon Plum to stand, and the select vestry to be at
ds; an end; the
costs on both sides to be paid by the parish fun the select
vestry undertaking nut voluntarily to raise the question
again." 'the attorneys having consulted their clients, met
again before Mr. Justice Erie, on 26th Feb., and stated that
they hail obtained their consent to she terms suggested.
Ou
that occasion, besides Mr. Phillips, the attorney for the
plaintiff, a Mr Tye n il, solicitor to Alderman Gibbs, attended
on his bi half, and the order was drawn up in the terms al
ready stated, with this addition, "11 t titter party require it,
a formal document to be drawn up embodying the above, to
be set•led by the r.epective counsel." This order was drawn
up in the above torus, hut subject to thin condition,con which,
although not its writing, was stated in the affidavits to have
bun:made. viz., " that it should be binding on the respective
parties it the consent of the parishioners as to the payment
of the costs should he obtained;" inasmuch as neither of the
defendant), had any control over the parish funds, they being
in the hands of Alderman Gabbs. The detenduta supposing
the select vestry wee at an end, were elected churchwardens
and called on the other party to give up the parish books ;
but the plaintiff 's attorney, not treating the agreement
as binding, went on to the election of churchwardens
rs under
the select vestry. A meeting of the parishione era.
called, and it was resolved " that the suggestions
reduced to writing be acceded to in so for as that the parish
would agree to pay 6501. lOt the detendanta' costs, and a like
aunt to Alderman Gibbs for parish. his resigning his trust to
a trustee appointed by the ps" The parishioners met
again on the following day, when a note was read from Mr.
Phillips, stating " that his clients would be ready to carry
out the suggestion of Mr. Justice
that to
as to his bill ef
costs he should be happy to leave that to the dm ision of Mr.
Justice Erie." This was considered by the parishioners a
refusal of their offer to pay 5.501. for Aldermen Gibbs'
costs. On the 24th March, Mr. Phillips drew up an order
containing the tel me already stated, betuld addingcoriddered " that the
minute stating that the select vestry sho be at
an end dues not mean that it is absolutely
that abolished at this
moment, but that the whole is proviaional is, that when
the agreement is complete the select vestry is to be at an
end." This order was drawn up ex parte, and on the fol.
lowicg day it was made • rule of court. It wee stated on
affidavit that the words in question were nnt in the hand-
writing of the judge's clerk, but appeared to have been

added after the order was made. It was not uucerstuuti by
the defendants that the order should
hhioners
sbe made
ha rule et
court ; and the condition that the parould pay
the costs not !Arius been complied with, it was consnirred
by them that the menunandum was at an end. The
order, therefore was drawn up contrary to the intention of
the parties, and it contained may'n inconsistent with the
memorandum agreed to before Mr. Justie Erie. On these
grounds the rule was asked —Rule vant.c d.

COURTSittings OF EXCHEQUER.
in Rance
THE ATTORNEY-GINSRAL o. ILALLETT.—THE ROYAL
FOLLTOIT UP WALTIIIOI.—A rule nisi Lu change the venue in
this case from Esser, where the matters eharip.d in the in-
formation are alleged to have occurred, to Middleses, *us
granted on Saturday, upon the suggi onion of the Atturns)
General, who stated that the case ex ited a great deal of in-
terest in Eases, and it was therefore thought advisable it
should be tried in Middlesex, where a considerable part of
Ow royal forest was
tU situate.
Siogs In Dance after Term.
It was announced that those sittings will be held on Siam.
day, Monday, and Tuesday nest.
------------

PO L SATQRUA T.
MANSION.HOUE.—Atif Kerma nv even WRATHER.
—Three boys, named J. Hunter, II Hunter, and J. Ilan,
were charged with having picked pecker.—'f ho police•
officers said that the prisoners commenced operations by ex
ing
rr
imenting on the pockets of the perieraby while look
in at the shop-windows in St. Paul'. Ceurch
L vend,
all.street, but were
not observed to succeed until they got to eadenh
where B. Hunter wee seized by a gentlen.an whose pocket he
had jest searehed.—Mr. T. Diana, a solicitor, ot Bread-
street, said that as he and his housekeeper were walkieg to-
gether, 11. Hunter oontrihd to insinuate himself between
them, and to take hold of a piece of p ,rchm. nt, with win• h
however, he did not cream. —The boy said that the pro.e'
cutor told a falsehood, as be was inertly larking "on account
of the flame's of the weather ," and the gentleman thistly. as
well just have accueed the laity who was in his company of
attempting to roll him. It was a pity the policemen were
not put upon some business likely to employ their mind., for
when idle they were much inclined to do Alili r-
Melt Gibbs : I remember the three of you, and will send you
to hard labour for six weeks.—Committed accordingly.
GUILDHALL.—AN Invittertile vinare:m—Mr. Evans,
furnishing ironmonger, of King William-6,feet, was Cum-
taloned tor exposing bir sale • certain candle lamp, and what
WY termed en ' illuminated clock," such being an infi inge-
mint on an invention of Mr. Foe, who described as
a poor man, not being in a position to pita Fox & his discovers
fur the want of means and patronage. Mr. prudl
his inventi .n. In a line with the candle was an index
plate, which would show the hour of night. It also had at
tackled to the plate and candle an durum, which acted upon
**mall hell. The ievention expore d by Mr. ETAIII pimply
had the index elate, although to sonic a gt. nt improved upset ;
and this was what Mr. Fox ti-curd the infrintrement He
duly registered his invention on the 2.ith of July, 1846, and
claimed the dial plate on Mr. Featiale candle as In ing his
original design.—Mr. S. li. Parker, of Palmer'', Birming-
ham, lamp manufacturer, stated himself to be the inventor
of the lamp exposed by Mr. Erat,. Ile registered it in
April, 1847, and contended that it was no piracy on the 'I
design of Mr. Fox. They quite differed in their spa cifica-
tiens. His was an illuminat.d die k, end the core plaiiiant
described his to be an alarum. Ibis was quite fur a different
object to that of Mr. Foe's; it was to give print: mine time,
and complainant's was only to indicate a certain period.—
Complainant denied that, end showed his dial plate would
also Indicate progmaive time —Mr. Parkes said that a dial
plate was not new—a thermometer or weighing mai bine bail
them—and as for the candle being uoed to di note time, why
history told them that as tar back as Alfred the Great the
candle was used for that purpone.—Mr. Foe remarked that
Alfred the Great went by marking the candle, bet
not by one of Foe's dial plate+. (Lewd Laughter )
The bench thought that the dial plate of Palmer's candle
was a copy of the complainant's.—Mr. Parkes assured the
niegistrate that when he invented his lamp he was nee
aware of Mr. Fox's invention. Ile designed it in • sick
eillantll.r, for the purposes of a night eloek.—Mr. Aldermen
Finnis, after consulting Mr. Alderman Lawrence, said they
had no d uht of the infringement. They did not
dama see that
the complainant had sustained any serious ges. I
of 61. and II
end they should, therefore, only inflict a penalty
costa.
THAMES.—sineens..ITCIIIIURN AND M %NZ —Mr. C
J. More, Jun., partner in the late firm of Ditchbuin and
Mare, of Blackish', appeared to answer to a peace warrant
issued at the instance of his late partner, Mr. T .1. Ditch-
hurn.—Me Pelham, for the prosecution, said his client ha.,
lately been in partnership with the defeedasit, but that part.
nership had bi en dissolved. The firm hail h' en engaged by
the Russian government to construct certain few's, of
which Mr. Ditchburn drew tho plane, while Mr. Mare ear
to superintend the practical department. After the partner-
ship had been dissolved one of these vets Is was taken to
Pitcher's dry dock to undergo some alteratione, which Mr.
Ditchburn was directed by the agents of the Ruwian govern-
ment to superintend. On Sunday, the fith ult , he
Kit: for
that purport, when a person named Gully, who had tin
the employment of the firm, and who is at present in the
service of the defendant, seized the ladder by which Mr.
Ditchburn was ascend jig to the versel and swung it round.
Mr. Ditchbutn fell to the ear.h, and narrowly escaped
tumbling into the dock, which wag a depth of 16 feet. In
the fell he sustained several injuries, for hie ankle was
sprained, his ribs bruised. rind other parts of hie person were
damaged. Evidence could be produced to show that Gully
acted under the direction and by the instigation of Mr.
Mare.—Mr. Ditchburn gave evidence in aceordanet with the
above statement.—M. Ballantine did out see that there was
anything to show that the defendant was actuated by a feel.
ing so atrocious as that attributed to him.—Toe case w4s
then dismissed, and Mr. Pelham withdrew a warrant which
had teen issued against Gully, intimating his intention of
—.ding by indictment.

MONEY MARKET.
SATI'IIDAY EVENING.
The cairn tenor of all the accounts from the conti-
nent to-day left no exciting cause for speculation
whilst contributing to the improvement of public
securities and the stability of the market. Con-
sols were called at the commencement of business
831 to but advanced sh wily afterwards to 831 to
a, and so remained, with scarcely a variation, to the
close of the market, both for money and account.
Reduced Threes 82 to 1. Three-and-a-Quarter per
Cents., 83 to 1. Long Annuities 8 7-16 to }. Ex-
chequer Bills, 398. to 425. premium. India Bonds,
2-10. to 265. premium. Bank Stock, 189 to 191.
India Stock, 22til to 30. It has been a remarkably
quiet dny, with dealings few and unimportant in the
Stock Exchange, where, moreover, the attendance of
members was as slender as might be expected from
splendid weather, and the temptations of country and
coast excursions, with a double holiday before the re-
commencement of customary labours.
The same may be said to account for the general
paucity of transactions in the foreign market, where
prices, however, were quoted somewhat better.
Mexican were 161 to 1. I'eruvian, 29 to 31. New
Grenada, 141 to 131. Brazilian, however, declined e
to 65 to 9, which may be attributed to rather heavy
sales of parties desirous of realising their profits upon a
the considerable advance, equal in the whole to 7or 8 rl
per cent., which these eecurities had obtained within
the last few weeks. Spanish Fleur were better, at
131 to 1; the Threes, 231 to ; Passive, 34 to
Portuguese, 171 to 181. Dutch Two-and-a-llalf per
r.
Cents. 42 to 4 ; the Fours, 621 to 41. Russian,
4
85 to 00.
The team of Messrs. Shaw and Caffary, general
merchants, but chiefly in the Lisbon trade, was made 7
public on 'Change yesterday. It is understood, how-
ever, that the liabilities are not of much consideration.
The stoppage of an Indian concern has been publicly
named to-day on 'Change ; but it may be hoped that
the engagements will prove of no great extent. It is
understood that the house acted chiefly as agents for
procuring consignments for establishments in India, -
although also ot late years doing business as merchants
and principals on their own acceunt, and enjoying ex-
tensive and deserved credit. A colonial brokering firm
in the City was also mertiored to-day on 'Change,
publicly enough, but neither in this case nor the other
is it necessary to give names for the present.
From Manchester, the failure of Messrs. Nicholson
and Evans, extensive manufacturers of fuetians, comes
reported, with liabilities, however, of moderate i
amount.
From Liverpool we learn, with equal surprise and
regret, the declared embarrassments of Sir Thomas
Brancker, a gentleman reputed, and justly reputed
formerly, of very great wealth, and understood to
have been out of business for such directed
past. Sir
Thomas was chairman, and as such directed the ope
rations, of the Great Bank of Liverpool, at the time
'of, and previous to, its temporary suspension and
difficulties. On that occasion he incurred much blame
tor his management. The causes which have led to
his present embarrassments have not transpired.
We have a lamentable suicide to-day of a respect-
able merchant the Cape trade, Mr. Venning, which,
however, it is understood, originated out of severe
domestic afflictions, and was la no wise connected
with the affairs of his house.
We are favoured with the following communication
from the Committee of Spanish American Bond-
holders of an extract of a letter received from Messrs.
Maclean, Rowe and Co., their active agents in Lima,
wider date of the 13th March:
The decree of Congress authorising the executive to ar-
range for the payment of the national debt has just been pub-
lished, and lus Tlonour the Minister of Finance has fur-
nished us with a copy of the Gazette, which we enclose you.
Ile has also verbally intimated to Us that in a few days he
will be ready to treat with us as agents of the bondholders,
and leads us to expect that a satisfactory arrangement of
their claims will be speedily concluded. By next steamer,
therefore, we trust to be enabled to convey to you the pleas-
ing intelligence of this arrangement having at length been
effected. The first article of tee decree above reterrod to