The Express.
London, England, 1853-03-07 00:00:00

Van 3intentstnce.

Smola nes Lose CIWKILUIS.
Ra FustiaLL.—Lunace.
This was an application for a commission of lunacy on
Fussili, a gentleman of large fortune, residing in
Chapel•street, Grosvenor-place, and has been frequently
before the court.
Mir Lordship now said that he bad gone through the ate-
Ihnits and all the documents relating to the case with great
care and minuteness, and be bad arrived at the opinion
that it was not one in which he should order the commission
to issue. He would not, however, dismiss the petition, but
it might stand over, with liberty to the petitioners to apply
main to the court at any time that such further eireum-
stances arose as to render it necessary.
The remaining matters in the paper were of no interest,
an.l his lordship rose at an early hour, having to attend a
Cabinet Council.

PREROGATIVE COURT—SAnnin.a.
Issroas &a Jaug Dumas. _

LANZUVILLII C. ANDIMSON.—ROZANCI IN Runt. Ll7ll.
This was a busisess of proving* germs them the last will
and .estament of the late Mr. Wm. Anderms, formerly of
Clifton, and afterwards of Nogent-ma-Marne, near Paris.
The value of the property in dispute, which was chiefly in
the English roods, was 3.i,000&, and the date of the will
attempted to be set up was June 28, 1846. Its propounder
was Madame Caterine Laneuville, the universal legatee
under the insuument ; and the opposer was the nephew of
I the deceased, Mr. Win. Anderson, his solo next of kin
and executor under a prior will executed oa the 24th of
Jame, 1843. The questio vegeta in the cote was simply the
plat, whether the testator had or bad not been domiciled
ig Franco at the time of his decease ? Mr. Anderson's his-
tory, as set forth in Madame Laneuville's allegations, was a
iumewhat romantic one. He was born in 1768 in Ireland.
Wises a young wan he went to France, and became Re-
prises* with Madame Laneuville, then Mdlle. Burthe,
to vbs. he was betrothed. When the revolution
broke out in 1789 he was placed in circum-
stances of great peril, but Mademoiselle Burtbi
at the risk of her life assisted him in making his escape. He
then came to England, and from 1828 to 1836 he raiW et
Clifton. In 1833 his reputed daughter, who lived with Ma
and managed his domestic affairs, died ; and after Wanes*,
a strong desire took poesessien of his mind to discover, ill
possible, whether the lady, to whom he had in his youth
been engaged, but whom be had not seen tines he parted
from her in 1739, was still alive. At length, in the autumn
of 1835, and after a lapse of 46 years, his doubts were solved,
and he ascertained the place of her residence. She had
been married, but was now • widow. lie immediately
wrote to her, expressing his great delight at having dis-
cover/4 her, and afterwards he joined her in Paris.
He told her that he had come, never again to leave
her, except fur a few days in each year, when he
must visit England to transact his business. At his express
request Madame Einueville engaged apartments for him
in the same house in which she herself resided, in order
that they might always be near each other. He even offered
to complete the long suspended matrimonial engagement,
but to that Madame Laneuville objected on the
ground of their advanced age, and the ridicule which
such • wedding would excite. The connexion between the
parties continued until the time of Mr. Anderson's death,
which took place at Paris on the 23rd of December, 1849,
some time previous to which he had executed the will
leaving her the whole of his property. In support of the
plea that he (the testator) had adopted & French domicile, it
was alleged that he had purchased a house at Nogenteur-
Marne ; that be had on several occasions made declarations
to the effect that he preferred France to England and should
remain there all his life; and that be had done other acts
tending to complete the legal proof of his new domicile. It
was also alleged that after the arum of 1844 he had
I neither felt nor expressed any regard or ander for his
nephew; but that, on the ooskary, ha had *sprigged much
anger at his conduct; and that he had several times declared
' he should n inherit anything from him or have •
farthiag of his (the testator's) money. Oa behalf of Mr.
Anderson, it was contended that theme acts did not amount
to the adoption of the foreign domicile.
. D
Des. Hayford and Jenner appeared for Mamas Labat-
t vale' and Drs. Addams and Twin for Xr. Asensio.
The court reserved its sentence.

COURT OF
Daman Ka. Oricamokeral Clonamm.
Ix in Sanaal.
The bankrupt wu • grocer and tallesr-ehendler at Bil-
lericay, in Essex. The case was heihre the court a few
months ago ; and the question was sew raised, upon pad-
doe, whether the assets held by the ail eagle
to be distributed in the cedinary welt usderthe
or whether they bad sot passed, leviEsechsed of
ment, to two creditors named mad Ogelmialidt
trustees of a buildinr society, to the limiting& INS
indebted in a considerable amount. The inedisa egenellaa
whether the deed of auignment was es ens see ga set of
bankruptcy. On the part of the mildews. Mr. liiikkAlN
argued for its validity ; lir. TLAWTIMIIet a=
contended that, having been made to
bankruptcy, it was to all intents and pewees ea mg of
bankruptcy. A great number of •utheeGfee INN oiled ea
each aide.
His Honour now gave judgment. The bankrupt is skis
case bad bees sent for by the trustees (the petitioners) about
o'clock in the evening of /Saturday, the 21st of December,
and required by their solicitor, Yr. Woodward (who had
till then acted as the bankrupt's adviser) to sips a deed,
which was produced. He at Int hesitated, bat eagronteds
being told it wee the best thing he meld do, ezenefieff the
deed, which cosigned to the trustees all his heel% bleb.
debt., and other property, imiallag hie Waxen M gems
freehold and eopyhald property, sad to some glides elm
The trustees took passible; Bona lene dealmod
a bankrupt two or three days aftegmerds ; the tetragon wwreyy
properly command to give up the to re sing
aseigaee, who was to collect Me dm qualm
of right to be decided by the mutt. the IMF
tion of this deed wee as en of beabgagery depended, is
the first place, os what wee the mitten ill the man at the
tine. By his halonee-shost it appeeeed his total lia-
bilities were 8,826 L to meet whisk he had only
1,7631. At the time his amosats smarmed, is January,
1849, he was insolvent to the *Meat of 1,4901. He must
have known his petrifies, for he had gins warrants of at-
torney to credit ea which they had entered up judgment
and could have taken his property at any moment. He
owed money to the grown, sad was liable to ea West for
duties, which was fa feel aftenneds gamed. I. gaga=
parlance his property wend and and he bad nothing
but what be bad sosseyell by Ms seed of aseireammt. The
object of that aldiplllyeat wen dimly to defeat doe Mantes
in bankruptcy, the penal* of whisk was as apaldleari-
buttes el wets; gal to Old sews it eras frembet. All
the eatheddos. smolumt and melon, spied that • asa
mite assigned ewes ell his setae sad sleds ammilted ea set
et IsemiuS; Masse be imepsimeed himself Is army
sa bis smi be mad be beld to esatemykie Me bee-
vitabie et mews eats. The point might most
of some bald Awe the assignment only se-
vered a pen a the estate, _ sad whore it erne
made under yonsare. Oa Mfr paled his Hisser
referred to • peat number of Meek betadkag
Worsley and mother v. Meter" (Burrower, 479) ;
" Evan and amelers, assignees of Gascoipe, v. Wats "
(Douglas, 96) I "Llama, Am., v. Bartley " (3 Wilson,
p. 3, p. 147); "Magas and other, assignees of Um% v.
Horseman " (kTematem 241); " Best v. Cooper' parer,
603.) The result of these cues snots extend the role. sad
make it apply to • part as well as the whole of the mammy;
on the ground that wham the Abet tithe meljninent was
to prevent • fair and equal distribedesemeng the meditate,
such an assignment of any post of the Abele, theesit mode
to a bona fide creditor, Useh isaineelima of hank-
roomy, became itself an act of heahrepley. Them had
been a great variety of opinions m is what wen mend by
" contemplating bankruptcy." Om of the most emboli,*
judges now on the bench (Mr. Baron Parke) lhad held that •
particular act of bankruptcy mud be emegmegiatool. ma la-
solvency generally. (See B. sad Ada, 280.) This
case was reviewed snore than owes, sad was mach
doubted. The question was dully brought bef.re
the Court of Queen's Bench, in the ease of " v.
Constable (4 Q. 8., 682). Lord Deems* gave the Judgment
of the court, and it might Boer be takes to be settba, that
where • trader's affairs were is such is desperate condition
that he knew he could not go forward, and that he must
either become bankrupt or inselvest,he mast be held to
contemplate bankruptcy. That was just the condition of
this mess. But the case might safely be determined on
the other ground—namely, that he conveyed by this deed
all that be really and practically had in the world, sad that
all his property was bespoken ; for he knew that j
were out easiest him, and that he was indebVirr.r.
Crown. The assessment did not ortivey die stock-in-trade,
because Mr. Woedward knew there was a judgment which
would have to be satisfied. At all events, be bad conveyed
away such • portion of his property es to dimmable him from
carrying on his trade. Mr. Lisklater had urged that
there was nothing to hinder him selling a pound of
sugar over the counter between the time the eedga-
ment was made and the execution coming in. tat,
" carrying on trade" meant something more thus fhb it
meant Roans forward as a tradesman did ; and how mil
be do this without his books of account ? This Wei 110
don btedly • conveying away of eo great a part of hie Mato
and effects as to render him incapable of carrying mitt
trade, and was, therefore, an act of bankruptcy.
being so, the petitioners could take nothing by the deed.
and the petition most be dismissed. He would not give
costa agaiast the petitioners, as they bad acted most pro-
perly in yielding to an arrangement by which the opinion
of the court would be taken. The matter had been fully
discussed ; and though the opinion of the wart was adverse
to the petitioners, they were justified in taking the course
they had taken.
Mr. Lawrence asked for the costs of the assignees out of
the estate, to which his Honour consented.