The Express.
London, England, 1862-11-18 00:00:00

LAW INTELLIGENCE.
(113111 DAY.)

COURT OF EXCHEQUER.

Sit in Basco is Michaelmas Term.—(Befose Lord aid
Baron Pollock, sod Barons Martin and Channell)

WATEZLOO ereustance COMPANY V. WINE.
This was an action on a hoed given in Janusry, le-7.1,
the plaintiffs to secure the repayment of 1501. advaaced
by way of loan to a person named Coulter' and the
due payment of the premiums on a policy of insuranoi
for ,LSW. The bond was executed by Coulter, sad
three sureties, ooe of whom was Niue, the huslood ,4
the defendant. In January, 1862, the action was brought
against the defendant as widow and executrix of Niue to
recover 671.105., being the balance due on the loan and
the premiums upon the policy. Nine west house decomor
in l'et..-street, who died in November, 18.53, but ahLuugh
the deed was executed in January of the same year, no
plication was made by the office to his widow until ehort!v
before the action was brought, the payments having tea',
continued up to that time. At the trial, which took plats
at the last sittings at Guildhall before Mr. Baron Media,
a verdict passed for the defendant.
Mr. Wordsworth, on the part of the plaintiffs, now moved
to set aside the verdict and for a new trial, on the ground
of misdirection, and the verdict being against the evidence.
He said that until a few months before the action sru
brought the plaintiffs were not aware that Nine bad diet
and there was a covenant in the bond that when one rusty
died another should be proposed. It appeared that the
property left by the deceased 000aisted of two bows,
Nos. 1 and 2, Aden-terrace, and also stock-in-trade ad
book debts. No. 1 was mortgaged to Nine's cousin
many years before his death for 733/., and the lease of No. 2
was in the possession of the executrix, and she received the
rent of the house. 621. a year, from which she had to pay
101. for ground rent. Nine died in January, 1853, and in
November of the same year the defendant deposited the
lease of No. 2 with the cousin, but the learned counsel con-
tended this was a mere equitable deposit, and said that up
to the present time the defendant still retained possession
of the house and received the rents and profits.
Mr. Baron Martin sad the defendant proved that, in pay
ing her husband's debts, she disbursed far more than the
amount of the property left by him at his death.
Mr. Wordsworth thought the learned judge had formed
an incorrect estimate of the receipts and disbunements. It
appeared that the property of the deceased amount...! to
1,260/., and that the expenditure was not more than
The Lord Chief Baron said his learned brother had re,d
his notes, and reported that he was satisfied with the vei.hrt.
Generally speaking, that was a sufficient reason for rejecting
the application for a new trial on the ground of the venlirt
being against the evidence. In modern times the court hid
goes more into the evidence in these cases, but the report of
Mr. Baron Martin was entirely in accordance with the fact
sworn to both by the defendant and her daughter, that she
(the defendant) paid more away than she received. This vie
a good defence to the action, and he was of opinion that thee
bad been no misdirection by the learned judge.
The other judges being of the same opinion,
The court refused a rule.

COURT OF PROBATE AND DIVORCE.
(Bdoes the Judge Ordinary.)
IN THS GOODS OF HIS LAT! NAXIMTT OZONCE
EXTRAORDINARY APPLICATION.
At the sitting of the court,
Mr. Gibbon made an application on behalf of Km
Lavinia Janette Horton Blow, the daughter sod
executrix of Mrs. Olive Sarre', who, it may,
perhaps, be remembered, claimed to be the legitimate
grand niece of George lIL, and to be Duchess of Lancaster.
The motion was for leave no cite the Duke of Wellington u
the personal representative of George Iv., the heir-at-lsw
of George ; and also to cite the Attorney. General se
representative of her present Majesty, the heir.geueral of
his late Majesty. The object of the application was to ob-
tain probate of the following alleged will :
" James's.
George R
" In ease of our royal demise, we give and bequeath to
Olive, our brother the Duke of Cumberland's daughter, the
sum of 15,0031. commanding our heir and succoosor to pay
the sum privately to our niece as a recompense for the inie
fortunes she may have known through her
J father.
une 2, ITU.

" Witness—J. DowKu,
CHATHAM,
WARWICK."
This document had never been revoked. Mn. Serra tad
through her lifetime made every effort to obtain peahen,
but she had always failed, the judge of the Prerogative Court
alleging that be had no jurisdiction over the will of a we.
reign. Since her mother's death, Mrs. Hy yea, her daughter
and executrix, had also sought to obtain probate
without success, but she now hoped to anil
herself of the act of parliament constituting this court. The
will bad been impounded by the Prerogative Court, and
was therefore already in the regi.trv.
Sir C. Creeswell—Whom do you say you wish to cite
Mr. Gibbon—The Duke of Wellington, as executor of
George IV.
The Court—But be is not executor, he is only admix'.
strator ; and the administrator of au executor doer not re.
present the testator.
Mr. Gibbon—Then in that case I must fall heck upon my
motion to cite the Attorney•Generid.
The Court—To cite bee Majesty, in truth and effect

Mr. Gibbon—Precisely so.
The Court—ln the year 1822 this question wu discussed
by Sir John Nichol ; and I am very little inclined to do-
turb his decision. I have no jurisdiction over the supposed
claim of Mrs. Ryves.
Application refused.

COURT OF BANKRUPTCY.
(Before Mr. Registrar Miller.)
tw su BENJAMIN LUMLEY.—HER MAJESTY'S THEATRE.
The bankrupt was described se formerly of Her Majesty's
Theatre, Haymarket, and of Hereford }rouse, Bromptos.
and since residing in the empiro of France,
and elsewhere on the continent of Europe—not a trader.
The adjudication was made on the :3rd instant, on the pen•
time of Mr. Benjamin Benjamin, of Regent•street Met
tailor, a creditor for 1001. on a bill of eiehenge. On the
same day the bankrupt surrendered and obtained the pro.
tection of the court.
This was the first sitting for proof of debts and choice
of assignees. The list of creditors preparol by Messy.
/fart Brothers and Bayles, shows debts to the amount of
Z 3,0901.. all unsecured. No account of assets has bees
rendered, but it is understood that they are of trifling

amount.'
The largest creditors are Mr. James Davis, of Clifford.
street, Bond-street, a creditor for 9.025/.. •• • Judd'
went dated March 8 1860 ; Earl Dudley. 4.706 L ;Sn
John Bayley. 3,00 W. on a loud; Mr.
Johnson, printer, Bt. Martin's-lane, 1,0001 ; Mao.
Therese Tietjens (demonised as a lyric artist), TiCg. ; Mr.
Wedge, of Regent's. park, 3,087/., on a jiblgment, dated
llith November, 1861 ; Mr. Mapleson (described as a more
copier), 79!. The Morning //crab/. 111,reing Pawl, Moregg
Star and Daily Telegraph are creditors for small some ors•
ing from 601. to 2001. for advertising. The remainder ci
the creditors are chiefly tradesmen for small amounta.
There was a large attendance of parties interested in the

came.
The principal creditor, who proved were Mr. Benjamin
(the petitioning creditor), Lord Werd and Dudley, 31r.e
Davis, and Mesas. Johtnione and Co., accountants. Th
proceedinp only occupied about half.so-honr.
Mr. Benjamin the petitioning creditor. was chow trade
assignee, and the sent sitting was appointed for the 19th of
Defteabir.