The Express.
London, England, 1851-11-06 00:00:00

tab) inteitteenet.

EQUITY COURTS.—YEsTERIPAT.
limier.• le t setteerealese seems yea Jew. Cneerseuria.
Foe tEn V. RITWAL.—LIARILITT or TIUMISIM,—.
IC/MIS/NT.
This was an appeal from a decree of Viee-Chancellot
Knight Brute. By an isdestare of settlement mode in
11$21. Mr. Theme leish, upon the marriaz of his only
child to Mr K. 11. Fowler, transferred . coned. into
the name. of Mew,. Heynal unit Webb, end others, in
trust to pay the dividends to the ostler's daughter after her
Marriage fur her separate use, withoet power of ma'am.
tion, end otter her decease, leaving chattel is. the capital to
be die tiled among them at their ages set twenty-one. Power
was Riven to the trustees at their discretion, and with the
written consent of Mr. end Mrs. Fowler, to sell out the
stock, and to invest the proceeds in other stocks, or in
real verities. At the date of the indenture Mr.
Mr. Gye, and Mr. It. Hughes, were entitled •
partneri to the copyhold property of Vimexhalligeffie
den., and on the proposition of Mr. Dish jest altar cite
excretion of the indenture, and before the marlin. ye
ladetnni*ed, and upon a memorandum in writing Aped ley
Mr. Fowler and his intended wife, and indorsed on On f♦
denture., requesting the trustees to sell the stuck, Meilentil
the proceeds to Mr. 'fish and his two partners in Use V.
hall.gardene upon mortgage of their interest is them, the
soul out the stock and lent the money to MOM.
111. h, Gye, and Hughes, un the understanding that they
would execute a living: age of the Genii-its to secure the
re-
payment of the loan is five years. No mortgage or other
security was then taken. Mr. Bish soon afterwards re-
tired from the Vauxhall property, which became vested
In his partner., Meetrs. (lye end Ifugtwa, who continued to
tarry on the Gardens, and in 1126 they executed a mort-
gage to the trust., s of the indenture before mentioned
to scrota: repayment of the loan, subject to prior
mortgages. 'I he property was insufficient to luny the mott-
o'', la I%IM, a bill was filed against the trustee's of the
eettletnenr, charging them. especially Mr. lteynal, who was
the acting trustee, with a breach of trust, and praying that
it tai,tht he declared that hr and his eo-trustees were per-
sonally lista.: to make good the 10ss occasioned by the insuf-
Helene, of the mnrtgaired property for repayment of the
lean. 116 Wainer, the Mire-Chancellor, in his decree held
that the trustees haul committed a breath of trust, and
ordered them to bring the n,:iont into court. The Lewd
Chancellor now gave judgment affirming that decree.
MI free e. Ileinieeterlisr..—Qr ter toe iie l'ittoklTY DE
sarAT rte A,INCITIIis AND LioIAtIVA.-41:1MNILNT.
'I hi' raw. "ling. in this ease were iestituted before the
Viee thencellor of linelasid, in order to have it ascertained
whether the. payment of certain annuities provided fur under
the will of a Mr. Thomas Creswick, dat d Pith July. 11143,
should base priori'y of payment over certain legacies' be-
qiiieetli“l by the fame will. 't he testator empowered
trustee• award to invist his property in the fund*, and
from the interest and dividends erasure therefrom, to pay to
slighter, Mrs. Ann Miler, an annuity of 40U1; an am
nuity of the same amount to his brother, Mr. William
Creswiek ; end an annuity of all, to his nephew, Mr. '
Thomas Creowiek. The testator further provided that after
payment of these "um., the rem:under of the interest and
dives aide arising from the fun& is, invested should go to
his us!, doting her life time. There was a provision for
pa) meet of I annuity to the plaintiff alter her de-
ft..., te,Litor directed payment of various lige-
tier. l'a ..tines were raised: lst. Whither the ennui-
tis were ts 11 priority of payment over the legacies, or
to he by them, pro rite. the fund being iusuffi-
tient to pay the wesuitira and legacies in lull ; end 2ndly,
whether in the event of the decree being for prior payment
of the annualise euch,payntenta could be made out of the
r...pital o...tutor In the coat la-low there was a I
deers in Eisner of the annuitants on hoth points.
Its Gird Islianeellor now gave judgment, reversing that
decree. The annuities and legacies must abate in the same
proportion. l'he testator did not, in his opinion, contem-
plate any di ficienty in the property when he male the he-
quoits. 1 here could be no priority of payment unless the
teadator oink for it by the will. No such inten-
tion was therein expressed, and the bequests were placed
just iu the order that occurred to his mind ; for in making
pnwieimi for the payment of the Is-tracks he did nut say that
they WIWI, to lie 15.11.1 in the order stated. 'Dien, with re-
gard to tla, payment of tle• tinnuiti..‘, the question arose
whit). r the $ wit ri• to be paid out of the emit., i" Ile CA'
to an 011110,11 e , /111111141011 from that form. d in the court be-
lee. t la.- .e ..ionses le ing directed to be paid out of the inte-
r...l .and ohs:demi.. His lordship concluded by reversing
the judge. iset of the V ice-Chancellor, and directing thee:iota
to pail out .4 the 'slat..
II I. loriloop was occupied during the remainder of the
day se lo ~ra arguments in the Strange v. Strange."
tin app.,ol Ir a judgment of the Master of the Itoll, ; but,
has lie; only leeri partially gone into, we peetpune our
repent.

lirrosz TIM MAnltt Ur 7111 t Rout

IN 111: THE MoNICIUTINIIIRK AN I. 61.%MOfO•NSIII1

Habit.
Mr. nothotell Palmer having replied in thin ease,
11.10,UT "aid thi. 'CM a ease in which a petition wa.
pra s. Meal under the Winding-up Arts, for the purpose of
uhlaining the almalute order for the winding-up of the
attain. of the company. There was nu gm... Min whatever
that the rompassy had stopped payment, and therefore the
CAW 1111Cntkutkrol m the tillh dame of the act had occurred,
entatliam the p'tatmee•r to the order. Ile had to consider
two leattan whether there was a atimretion in the court,
anal whether tlaas was a at case for that• exercise of such Ms-
timbale. That el. ended upon the eunstruction of the 12th
swallow. Looking et the words of the statute hr thought
they gave ben a discretion whathe: he should make the
55th! at once or postpone it, or cause any in-
quiries to Is• made ',rani...any to the making the
antler. rang suth doer.• to exist, he had
emnialer an what may he could hen art for the benefit of
the Jeanie. antertnall. A committee had ba-r•n appointed
which 11.61. .1 tie raise, by contribution, not only a sufficient
amount aat monrt he the present liquidation of the small
claim., lam elm to afford a considerable divide nal upon all
SIN of the ennitors. anal to wind up their affairs
without the ~,, of the court. If that were pmeible
to lee dame• lit thought at might Ia• more beneficial to all
porta... than at alone until., the authority of the court. Ile
doubted wha tin r at could be dunmlnit h, thought it advisabte
In allow tam. for the attempt. The .01;4..6i...t0ted that, by
the lad ad J Mani could be pnoluced which,
together wath the a-rot, of the company, would pay 10.. an
the pond• w h.lla might induct. the cnoliturs to abstain from
('.ether pr,„ „Am", lie thought then• was an earnest de-
sire to settle matter. obis', and therefore he would give
opportunity for seeing whether it could he alone. If so, it ,
aught doe more beneficial to the petitioners to have the
order swapeotaled than mute obsolete. The petitioners must
hats• hall acaoss. at all rensututtale times, to the books anal
accounts, awl rr•n.• notice of all the proceedings of the
committer. C0..0 that undtetaking being ijiTeCE he (the
111 rl.•r an tau• 14.119 should carder the p•tatlou to .laud 'Ater
until the hist petition day in Hillary team, with liberty in
the messawhile to apply to the Court.
This was agn ed to.
►klallll T. Till: 4.0 )11"1 a as.. at tw a I. arT II tai.
This r•ause Caine ell upon the phut or the Marqun of
aesisdos, a at. haulam, to the• bid ofthe
. .

Mr. y and Mr. 11411 the court in sup-
port ot th, I shady of the drill. and Mr. horrid! was heard
In reply ou the part of the plaintiff.
Me ease was not concluded.

8i tii iow 1•- Ull'UNb. N'.

ANn WcLiza-

11A ,11.f0,1 it ,11. W AT CuMVA.IIT.

The S.licator•li,ncnil mill that he could not cement to
the niurw •hick hit Honour had megclacd on the previcuu
day, in tercrrucc to this cau"--uaniely, to agnr to be hound
by the open •m of hi. Honour mid a common law judge, in
the pt..•nt .talce ef the proceedinst•, mid must therefore
it.la to haw' the J•ul4ment of the court upon the motion for
the injunction.—Judgment deferred.

11:4 TI MAITVHoI E %sea ENTATE. —J 111011ENT.

The V ice-Chaneellor gave judgment in this ease. The
question sr upon the will of Sir Gilbert East. who died
in the year The will was written in u book, where
the estates and persons were designated by numbers and
letter., which wen• explained by a card, whervon the names
were written out. The testator's mope rty consisted of an
estate in Ilerkshire, another in sutfolk, and a very large sum
iu the funds. The funded property was directed to be
Lad out in the purchase of land. The language used by the
testator 1,1,4 mint informal, but, by the constant use of the
wont." inherit and primogeniture,- it W.I. clear he intended
to give estat tail. The plaintiff claimed to be entitled to
the Lind purckuied with the funded property as tenant in
tail, and bad barred the entail. Ilis Ilouour, after minutely
Ruing through the extraordinary ebiuses ir. the will, decided
that the plaintiff was only tenant for life, and dismissed the
bill, with costs of all parties to come out of the fund.