The Express.
London, England, 1847-02-10 00:00:00

HOUSE OF LORDS.

neat—The lord aumoraor, Duke of Manluster, and Lord
BeakiNNAN.
WILION T. WILSON.-11VSNAND AND WIFE—AILTICLES
ep SIPAALATION--SPECIFIC PESPONNIANCE.—This was an
appeal from a decree of the Vice-Chancellor of England, by
which Ms Honour directed specific performance by the hus-
band of artistes into which he had entered for separation from
kis Wife. The appeal was partly argued on the 16th of
Jule. The facts were shortly stated. is 1839, the lady, then
Miss Wilson, was entitled to an estate in the county of
Sotalumpten, worth 2,0001. a year, for her life, for her
appease* use. She was also entitlod to estates in Yorkshire
and Essex, worth 3,0001. elver for her life, with remainder
to her issue, remainders over. She was further entitled
to two meneions, one in Grosvenor Place, the other
in Chelsea's*, with valuable lands adjoining under long
leases, asol she had a large sum in consols, and also in cask
at her hanker's. On her marriage with Mr. Henniker (the
appellant), who thereupon took the name of Wilson (ice
sempl(eace with the conditions in the wills under which the
lady obeateed the above properties), all the said properties
were put in settlement, except the Southampton estate and
3,0804 consols, which were reserved to the separate use of
Mrs. Wilson. Under the settlement, Mr. llenniker Wilson
bad a life interest in the other estates, with remainder to the
longest liver of the two. in default of issue. Within one year
aAar the marriage little differences arose between them, and
lberjbeneehrward occupied separate sleeping rooms, and it
was allorwirde alleged by MIN. Wilson that the marriage was
not entemametsd. Frain 1840 the differences grew more se-
ams. and in INS, Mom Wilson instituted a suit in the &cleat-
Mind mart for sanity of the marriage, on the ground of
the knalsond's impotency. He, in receiving notice of the
wit became indignant, and alarmed at so shucking a
shirr, which he also insisted was false, but rather than
bale such an imputation however unfounded, go out before
the peak, lie went to Mrs. Wilson's solicitor, and after two
as Owes interviews in the abeam* o; any legal adviser, on
his pert, he agreed to articles of separation. The confider-
atka ex his so naming, wee an annuity of 10001. a
for life, out of all the property which was his own
Eltses=rdarticles, and a suppression of the suit in
Court. Afterwarils, upon deliberation
aad ormasaltation with his friend, Mr. Wilson re-
fused to execute the deed of separation, and Mrs. Wilson
thee, by her next friend, filed a bill in Chancery to compel
=performance of the articles. The vice-chancellor
MOD prfarmanoe, and also issued an injunction to
sonmin Mr. Wilson from proceeding in the suit in the Ecele-
siestital Evart, to enforce restitution of conjugal rights
again his wife.
file F. Kelly, in support of the appeal from that decree,
sonbaded that the chief consideration for which the appel-
lant-was indoced to giveuphis right to an income of between
2,0001. and 3,0001. a year, was void, because the very mo-
ment alter the deed of separation wee executed, Mrs. Wilson
might go ea with the suit in the Eccle•iastical Court, or
institute another there. Ti was not in the power of
the Omit of Chancery, or any other court, to inter-
ihre• with two jurisdiction of the Ecclesiastical Courts.
He farther contended that there was no ground for the
=the lady made in the existing emit against her bus-
es wesid appear by the evidence of several eminent
modisel gentlemen examined in the chancery suit on the
part et the appellant, and to which he referred in the appen-
dix.• Mr. Wilma was, in fact, surprised into assent to the
articles of separation. Shocked and alarmed at the impu-
tation of impotency, without any around for it, he, in a
ntesessa whoa deprived of the pore ion of his faculties, and
willserat professing's' advice, consented to the arrangement,
the open& performance of which was decreed by the Vice-
Chaaesiler. All deeds of separation between husband and
wife were against the
_policy
had
the law, and all the
marts regretted that effect had ever been given to much
deeds. Hearts of Equity would not enforce separation, but
when parson bad shady separated, and executed a deed
with nester, providings maintenance for the wife, and pro-
tection be the her debts, then Courts of
Equity sompoLlorl the husband perform his covenants as
long se the separation lasted, bet either of the parties might
put as nut be the separation, and to the deed, at any time,
by weft le live together. The Vice-Chancellor's decree
in the preseut case was not in accordance with those princi-
ples, bat was contrary to the policy of the law, to the policy
of manlme, and ran counter to all precedent. At four o'clock
the farther hearing was adjourned to Thursday.

COURT OF QUEEN'S BENCH.
ANDURNS IL LORD LYNDIMINT.—ACTION AGAINST A
LORD BRAIN:MAO& FOR IMPOSING TO NORMA WRIT or
HABRA/ CONFOS NATOILNARLI DIFOIII HlM.—This
was a dassearree nee the declaration in en action aping
Lord Lyerfbewit hr briar, when Lord Chancellor, refined
a left of Wigs erepes, for brinpag the plaintiff before
=swim that he World obtain his diacituge if thereto
The peinelpal quangos was quite deer. The
etude& apemen cely-eleen the plaintiff was in emtedy far
Was and Mat far Wen : the declaration did not
ohesribit be W beat is Nlody it them caws, whisk
were a Medved. ar inomnied orisins3, charge. Neither did
it asgesive that he Wham ineemedy for treason and iskay.
On ads read done, widest adverting to others, the mug
the the decimation imeheistit. Judgment for the ie..
limedwat.
An Pinvs...ashoo Mr. Junk* Erie.
Tee (Organ v. HAIR= AND OTIGISA.—INDICTRANT
AISAIINT A Box FOR RIMMITYRO TEN BODY OF nu in
ewes Fereas.—This wee an indictment institettel
Mr. *Wm. ge the Omarof the late Joseph Palsy
Ilayseskeed hie eon Jew* Bailey Haynes, seel hembesa
'thaw soiree& her risme*, awl nalawfully
Jeriamembikg ated
eared Weaselly to
the body of the NI sple
Seat Maims ham one Win, wed placing it la another.
and
.oilmaz tram the celesta/2f taerienhubm. The
i4eg
be the prosecution, :a Sir F. Thad r,
r. Coolthers, Yr. Rawhoson and Mr. Crary
kg the debwisats.—The cam c:coupied the whole ef
the Asp _ *win Mthe Saabsof witaseess who
we ached fier the Foment's% but the facts se Weikel
.ia Pilsen won
ii=igeats 7—The demand, Mr.
Haynie. vie was ' • baraissr, had bean hr sew
yaws whinged few bis , sad had gemmed fren his
We.. lb had, at am time, ea inmate et a Week
asylum. At the time el his elude, in December, 1846, be
at Edgware, having as lemetes two females of Nis
new. By Wields le his will, he left to the
elder lea an smrsity d 6601. a year ; a legal
if OW Os die pressemer, awl who was bit eases.
We ilboo4llllodin with • Kr. Blau; wad only 1001. spirts
his sea, the dehatiest i end Bogen was appointed guetellen
and to OMs to the ehildrea ef the &holed, to visa the
=ret= deeseed. Proooddem with relhesase to
. .
hey dispositions lad brim Ws=ll.6isay tha
liohaisst, bath ia Chwery sad the
Grams. Oa Friday, the Oth Decesabsr, lb.
Maples died serlataly tWigwam Oa the hiarriwg
ir
be delhaitat lbriessai lb.orter, bleattotraey,
lisegnala tt dodellembeie. owe to the house sod Sitbes-
Ssae Philips, its say sell a pasta et the woe et
ae wore -ebb beheld la the basbeera An
we. made to Image them him the Iposithrs, bat
=sailaynee was Awed to Twin. A. pillassortser
was mob ea Ow body et the doomed sad ea
bore was bold on the body, but the death was shwa to
bare Adam lbws wawa comes. On the day the will was
Ha the defendant, refused to be present. It was
hy the n that the Awed take It
tak place
we tie fehrelng &Wayemesio Si ideBl4lolll Caivivry. The
body win lima la the mit oar rosseheed ia a rocas
40. wSIM IN,. 'Oa abs Alameda, • mob', of
paves* stated be eensat is sheet help in number,
RIM is mire into the hare mad the bear was se-
wed tea that
dpiw to the liiiiilN sad the
lbw= and gither peens
rtZtaahlrelabliees Wes sad
itZi a orsafisse
MAN ma serried away in
ill Lambliesa .15h. balsa wv• eveZirre
mu virned, that Item . Whig hem mask est in
the
imer=
segmaertediegessolosleg eseireeliet Lest=
fisi Mir Asa Or is ltemammy img.
int milk ma dm melbas is it, and part of the pave-
delbra,- bad bona pissed eashoot tho dere et Mr Iffigert
ram. It had this stated, try the delharbett Meyer, frig
ha teat Wee step under the esitheelsg ef the Omit st
wary. It we. stated by the w*ieweet Seat greet eue-
hiegonil noise, and Wensnoise, wiling wag lept up bath
lbw
MBO, OM their rebus tram the team% sad wb wee
wistbreed 011 a late boar at algid. Tbegedies
say
wan met
hr, sad a assopisterra had bar- applied to, bet b did nvn *P.
_ _-,1 me ailing IV eme.
-• that the home in which
la freehold sad partly

I.
-,

_me *7, aii•-•;&.‘
Batas sag Mar,

the esseesture, was set enstaised. It elm a freehold house,
Haynes was in his ems Wm% anti eelles and Mater ws-c
trespemers.—The Attensey-Oennfel egged that the offence
wee the riot, sad It wag ef waseguence that it
'sir:Tithe house the parties memabied.
Mr. Justice Erle.—lf they had easembled in Edgeware,
and then went to the house It would be eufficient ; but if
they were peaceably in a Inswiseawhieh it was doubtful
whether it was the property aJ. yley Haynes or Barton,
the executor, that would set be assn. to sanction the
want. The count dee sinned that they seised the hody of
the deceased, and earried h away the will of Barton.
—Tie A .oeseral eenlended that it was an offence
against public , and own say are rightly entitled to
be a body had no right to do it in an Mimed wanner.
Sir F. Thesiger said that the question really was whether
ray one calling himself an executor soak' take the body of a
deceased father from his heir.at.law. It was elaiMailed for
the defence that the defendant Haymows, the beiPetclew of
the deceased, who, coraddered that the will of hin father
had been executed under circumstances which jteet M Ida
in instituting proceedings in Chancery sad is the Heeled
astieal courts, to investigate the testamentary dimultiens on
which the office of exesutor claimed by the peeeent yeenecirter
depended. This was an attempt to Mdse. the edliwiant to
abandon those proceedings, and aim 1. hit MOM kies a
dread of the exposure of the pained daremennees ef the
funeral, and of his father's life. The diusesi had been
alienated from his family, and surest/mini by etiespew who
had profited by his property, while his sea bed been left an
annuity of only 1001., and the guardianship ed his Wilkes
was given to the prosecutor. It was etsengly cestesded
that no offence to justify this indictment had been won-
mittod.
Mr. Justice Erle left it to the jury to my whether the
parties who acted in this tracsaction were ray of an un-
lawful and riotous assembly, or not. There Ws. so right in
the hones in Barton and Slater till the will was proved, the
defendant, Haynes% was entitled to wonder it as hie own as
heir at.law,—Verffiet for the defendant,.

pliw"--" arie 431-7i-imsaii Asksii-was miss
la Ms erase et thew it ammo sot that the
ibto ftit list took piss soon* fromi
Skultasst. 17pos
WM ti .. Nate mahl, if that be mo
W so plamies. as& the Sort ems, alit
bismiol 4•11111M4 Or ormollimpkese et Bs
"tllii_
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