The Express.
London, England, 1849-11-14 00:00:00

Rain *ntentatnce.

=POITY
MSK Tie OOUImo RTB.
Csma—YINTILIDAY.
mmas.
Da bean e. Da If isies.—Ven pea /./ID Powasssz..--
IhTIRIST COI POJIOVAIIII MOSSY.
The Lord Chasedler pm jetenewee opera in dot
suttee, whaele related le the right of perelesserilklet eon
•is from the wader not fewest of N. void
e. his fa pielewadese wad-
ofwCll:9B4.3e to frau
by the vendor is set CM Vrilar fa dee
time, and there( re by his delay Ws perefwer wee ed.
Tae facts and poisas es the essowaste sad webs Wed
were reported in tha toizteygr His lordship
said the swedes as to tbe te el We Coen
Me eselcult, bat the sets of the parties tlesseelvie made
the diSsolty. le wee dee isienniter ea holltelles to have
the The wog veld la se iooa es peee44 is
Ole
sale. The prinetple la 'upset tee the payMeit Of Meseta on
the pureltale swag, where there we re oestratit between
the parties ia that reaped, wee, test Ikea the lbw the title
is shows to the pawl, the le Vevey 'surest
am
the unpaid parabola new. The idiom rale that
interest Is to be paid from the day Os watreet le by
the oundittose of sale to be peribilessi. mg, how-
ever, be altered by egresswet. Mama Ws pease.
His lwahlp, Warta( le the desibialadadtelesiwast were
sited, seed elegy Won all esselseeadrifflllialweset
t.:, so
de& e. Ileweews" (1 Maces sal rei;Bi
seer
mess why sempewelies shoal& net a
yobs had suaelsed lase by wing la leteness& esss el the
delay awed bythe wake. eensisee. The wee
whether the easier delivered the abstreet et tirstioaeo es
he Mai be meld sake • geed title. If be failed to do so,
are peelbeser en& to have eceeeessation for the loss SUM
WWI by the veader's seeded. Hie lordship, is owelusion,
ordeeed it to be mimed to the Mester to legates at what
Wee the Tessier delivered as abstract of tit*, end from that
Wee the webers& wee to pay interest.
After sores speavenatioa boatmen the numerous counsel
for the dithreal pestles, es eressvasest we proposed on
behalf t f the vendee% sad smug ft he seeded tow the
other side, meetly, thee the willow &s old soooest to
the vendors ler the Nate sad }eats of the property sines
he was let Leto possession, semi that they would pay him
beck ell the lawn( be paid.
It sp; wad aito to be weal that the ewes of ell parties
wore to be paid out of We wrelesse snowy la court.

Soma ems Mama or Td !taus.
BAUM sr. Tin BritiNKIAD, Lnfecrisnian, AND Cas-
tilians ionariort RAILWAY COMPAXT.—Dixtraist.
Tois ase came on upon demurrer to a bill Med by cer-
tain shareholders in the above company, to restrain the
directors from soloreing a all of 101. which they had made
on the 311. sham, and which call the bill alleged was made to
coerce the holders of 311. shares to accede to certsda proposed
new errangemints as to throe shares, and was not required
for the legitimate purposes of the company. The company,
it was alleged, had abandoned all their anginal scheme, at-
apt about 16 mites, and it was said that a call of 31. on each
of the 311. chore, w ,uld be suffident to complete all the
works which they had now power to casks.
Messrs. Turner and Glasse supported the demurrer, and
Messrs. it. Palmer and 0 Adamid the bill.
The can. was not concluded.

Error Iftes-ftnatecaron WIGROA
DAVIDSON V. PROCTOI4-4ONSTOOCTION or GIFT TO
DILATIONS, ACtIONDING TO TUN STATIIIN or DISTRIBIT.
MONS.
The question in this ease arose under the will of a married
woman made in ex-eution of a power mntsined in her mar-
riage stftlement. The testatrix devised certain landa which
were the euhject of the power to a drier, charged and
chargeable with the sum of I,MXL, to be paid twelve menthe
next after the death of her husband, amongst the relations
of her late mother, in such manner and form, and to each of
them particularly, and in such shares as her said huband
should by his last will and testament appoint, and for want of
such appointment " amongsther mother's relatioas according
to the statute of dittrihutions." The husband of the tuts-
trix, after her death, made an invalid exercise of the power,
sad in the resent cut', which was instituted after his death,
ix the administration of the testatrix's 'stale, a (potation
arose r to the pniod et which the rase of relations of the
testatrix's another enti-1 'd to the fur din default of appoint-
meat were tU be anntoined, namely, whether at the death
of the testatrix or at that of her herband (the donee of the
pswer).
The case was argued on Monday last, when the Solicitor-
General, Mr. Kenyon Parker, Mr. Wood, Mr. J. T. Hun-
tley, Mr. Anerslett, Mr- Buxton, Mr. Green, and Mr.
Woodhouse apparel for the differen' pries to the suit.
His Honour now delivered his judgment, observing that
had there been no gUt over in default of appointment by the
husband, the eourt word have implied a gift for the benefit
of the lame close as were named as objects of the power, but
would have conflued the distribution to the next of kin of
the tastattia'a mother, rending to the statute of distribu-
tions, althoogle the donee might have appointed to relations
who were not next of kin within the statute. The express
illt he default of appointment would, however, exclude
Use replied gift. The question, therefore, was as to the
mooning to be put ern tee words, t' my mother's reletiotis,
according to the statute of distributions," need by the testa-
trix, whether they meant next of kin at the time of the death
of the testatrix, or next of kin at the death of the domes of
the power. lie was of opinion that the words is the will
referring to the statute prated to distribution; that the gift
in default of appointment was coatingent ; and that there was
no gift t rept in the dinette& to pay. Tee fund, therefore,
would have to be divided emeaget the next of kin of the tee-
titres mother living et the death of the dote, of the
power.