The Express.
London, England, 1851-07-24 00:00:00

Mince': ItT V.

,Cll O. Loan VERNON.
issrallenth WITH THE CHARACTER ow KRAL
ZOTATI.—SUCTION TO TARR AA riSSOXAL PeorisiT.
Then two nits were iodinated by the trustees ef
will of the late William Hari Harcourt, for the purpose si
having several gentioes ridatieto the estate decided by
the court. The question in the font suit was whether says
or4what, part of a sem of 31,0001. wee money is the Weft
of the trustees, or whether it was impressed with the AO
riche of freehold anent. It spewed that the above OS
was part of the property comprised in the marriage settle-
sent of Withal Earl Harcourt, sad was by that settle- 11
sent directed to be laid out in lands. This direction, how-
ever, was ROM complied with, and during the
My years of ,Lord Harcourt's life, the 32,000 t
remained either invested in the funds or upon
mortgage, and was always treated by Lord Haman In
money. By the will of Lord Harcourt, his widow wee If.
titled to his *states for life, and was made residuary WPM
Of his personal property. The widow died in Jegtelear
1833, and by her will vie 111iIIR Trevor Bernard lifirmenties
made her residuary legatee. lie was also entitled seollllllll
for life to the real estates of William Earl Harcourt. SW
remainder to his eldest son in tail male. William Boma
Harcourt, in ISM, contracted to purchase an estate maid
Hosnington from Lord Chesterfield. This estate he pow-
awl!, antler the espeetation that he would receive the
32.0001. SG being residuary legatee of Lady lincoert.
The estate war conveyed to him, and it was
then fur the first time suggested that the 32,0001.
was improvised with the character of freehold
estate, and the opinion of counsel having been taken upon
the point, the estate was conveyed to the trustees of the
will of Lord Harcourt so forming part of his real estate.
William Bernard Harcourt then died, leaving three daugh-
ters and no sun. The first bill was filed by his three
daughter, who claimed the estate as having been purchased
with money which was personale
estate, estate, and had become
the property of their father. The heirs of Lord Harcourt,
who were defendants, claimed the estate as being part of
his real property. Evidence was gone into to prove that
Load Itarcoun lied estate, his cts elected to take the 31,0001.
ms money or personaland the ball prayed that the
tonnyaece from William Bernard Harcourt to the trus-
tees of lewd liareourt's will having been made by Oinks,
might be cancelled, and that the plaintiffs might he de-
clared entitled to the estate so purchased with the money.
Mr. Stuart and Mr. Law appeared for the trustees, and
Mr. Bethell, Mr. Bolt, Mr. Melia% Mr. J. Parker, Mr.
Calvert, Mr. Gliffanl, Mr. Meunier, and Mr. Leach for the

other pewter.
Lord Cranworth said the rule was, that where nioneywo
directed to be laid out in the purchase of land, the character
of freehold a state was impressed upon it unless any acts were
done showing the intention of the party for whose benefit the
property 11.41 settled to elect to take it as money. The
quortion was, whether the acts of Lord Harcourt had been
such as to show that he meant this money to be considered
as personal property. His lordship then went through
various facts to the care, and said it was perfectly manifest
that Lon! Harcourt haul to take the 32,0001. as per-
sonal estate, he had invariably treated it as such, and a hat-
ever might have been the opinion of counsel upon the sub-
ject, it was dear that the facts now stated, and which had
since been made known, were quite sufficient to settle the
question. The decree must, therefore, he for the plaintiffs,
and the conveyance of the estate to the trustees must be set
aside.
SETHI/CR r. 'V BROOX.—RaPITIIIeTION AGAINST lISCOMING
A HOMAN CATHOLIC.
The question in this suit was, whether a clause in the will
of William Earl Harcourt, against the owner of part of his
ratite becoming a catholic, Has valid. The clause was in
the folios log words " l'rovideel always, and my will and
mind is, that if the 12141 Charles Ameelee 112TCOUTI, and
Sophia lies wife, or either of them or any of their children
or r. moue issue who may be entitled to my said estate at ,
14t. Leonard's Hill, or 10 any sham or interest of and in the
said sum of 80,0010., or in the lands hereby directed to be
purchased therewith under the devises and hequests herein-
before eontaiueuel, shall reside in fOreign parts fur more than
six months at any one time whilst lie or they shall be en-
titled to the actual possession or enjoyment of the
rents and profits of the land, or to the interest
and yearly proceeds of the said sum of 80,0001.,
or auy part thereof, unless such residence shall
be swe.ioneal by the party so in possession, or her hus-
band, if a female, being engaged in the serTiCe civil or
military, of his present Majesty King George IV., or any
of his successurs, or by his being under the age of id years,
and engaged in travel far education ; or if the said Charles
A. Harcourt, or any son or remoter issue of the said Charles
A. Harcourt and Sophia his wife, shall not at the time of
his succeeding to the actual possession of the said trust.
estates and property, or within L. calendar months after-
wards, actually profess the protestant religion as by law
established in England, and continue to profess the same
thenceforth during his lull, that then and in any such case
the devious and bequerts hereinlwfore contained to or in
favour of the said Charles A. Harcourt and Sophia his wife
and their suns and remoter issue, shall cease and be abso-
lutely void as far as concerns the rights and interests of the
party making default, hut not further or otherwise, any-
thing herein contained to the cemteary in anywise
notwithstanding." Upon the death of William Bernard
Harcourt, the person mentioned in the last suit, Charles
Am. ete Harcourt became entitled to the estates as tenant
for life, with remainder to his ROM successively in tail male.
He was now residing abroad, and protract' the Roman
catholic faith. Ili. eldest son was now eight yearn of age.
It 4Tt. COGlcu4led on behalf of the eldest son and the heirs
or the testator entitled in mmainder that the above clause
we. valid ; that, consequently, Charles A. Harcourt had
forfeited the estate; tool that his eldest son was entitled
until he attained his majority, or came to year* of discre-
tion, after whieh time he would have twelve months to
elect whether he would adopt the established church, or
whether he would remain a papist and forfeit the estate.
The question of the validity of the clause having been
argued, Mr. Bethel' suggested that the case might he
di-posed of by adopting the following decree
The father (Charles A. Harcourt) submitting, that as
&awe en I 'lf and his suns the condition in the will as to
professing the protestant religion, shall be considered as
valid, and as having been broken by him, let it be declared
that the estates deviacal by Lord Harcourt became, from
and anus the expiration of twelve months from the death
of William Bernanl Ilarcourt, and now are vested in the
eldest son of Charles A. Harcourt, as tenant in tail. Let
ThC not iver be continue,' with liberty to apply, and let the
&mono of the rents which fuss,' accrued during the twelve
mouths after the death of William Bernard Harcourt be
ascertained and paid over to 11w father Charles A. Har-
court.'
Thi. decree was tiequierced in by all the counsel, and the
cam war therefore diapuwal of without further argument.

Palma, Var.-fro .NVZI.I.OII KI.IONT Bat ca.
T. BOHAN.~IIPYItIf.II T.

Mr. Giffartl, on behalf of the plaintiff. Mr. Murray, ob-
tained leave to love notice of motion fur Friday, for an in-
junction to n,train an allefte.l piracy Mr. Crofter's notes
to hie ',litmus of " Howell's Life of Johnson."
ilttturi4 or 5t1.1..111.111Y r. LIKICAT NoUTUIBILN RAIL-

WAY CONlFANT.—lsavrictite.
Mr. Malin. and Mr. Shopter appeared fur the plaintiff,
in ouppurt of a motion to retrain the defendant. trout in-
terfering with landsof the plaintiff, for the purpose of their
railwa) Of utherwi.e.
Mr. Wigram and Mr. Deniiion appeared for the defend-
ant., and on their undertaking that nothing should be
done hectare the neat seal, the within was ordered to stand
over tall that day.

COURT OP BANKRUPTCY.—YESIERDAT.
Burma Xs. (urstimeass l'Asc
la 7141 MATTIS UV F. E. I). lima.

The leinisrupt was a merchant in Aldermanbury. Die
accounts contain the following items: 1/r. To unsecured
creditors, 11,5861. ; secured, 1,2261. ; liabilities. 3711. ; •
profits, 1.0461. Cr. Hood debts. 1/21. ; each. 9361. ; property.
property held by creditors, 1,81131.; balance due on
counguments, 1,0111. ; losses, 4,1901.
There was a protract,' hearing of the bankrupt's appli-
ennuis to pass has last etamination, Mr. Lowrance support-
ing and Mr. Nicholson (Nicholson and Parker) oppwmg-
fbe
uppueition mainly rested on the following grounds:
That the bankrupt hail misrepresented his profits by •
statement of • transaction in Doheatiau glass to the eateut
of 1,01 11. ; and that hb. statements wen• to be viewed with
great suspicion, in consquenee of the following circum-
stances. Ile hail dishonoured bills in February, and from
time was in communication with his creditors. Notwith.
@loading this pusition of his affairs, he had in one month
made preferential payments to creditors to the silent
of 1,1191. Upon his bankruptcy taking pleas 0111
third of Apra he hail said that he had paid
• sum of about 1001. that morning to Mr. Grath,
a confidential clerk, yet the amount had turned out to be
2.101. In the presence of the bankrupt a Mr. Mesons had
offered to pay a clerk of the name of Curtis M. and to
take his receipt for 3;1. 10... the supposition being that the
baukrupt intended to have retained the 12!. 10s. • that the
b inkrupCs clerk Grath had requested Curtis to ;tate there
was no stuck book kept, when such was not the fact ; that
there were various entries in his books of • suspicious cha-
racter, particularly of alleged payments to or through
Oratti.

Mr. Nicholson commented on these circumstances and
Grath'e absence almost immediately after the bankruptcy.
They certainly presented features of considerable suspicion.
Tb, bankrupt explained the matters of the transaction
in Bohemian glair, and the misstatement with respect to the
sum of 2.101. in a manner that satisfied the court. The pay-
ments to creditors had been mainly made under the impna..
lion that he should be able to avoid bankruptcy, or were to
meet the accommodation acceptances of a friend. There
was a fictitious entry in his books to the extent of 331., but
it wa,, not with a view to the money being put into his own
pocket, but to enable him to protect the giver of an accom-
modation bill.

The Lommismoner, on referring to entries in the bank-
rupt's boobs of payments to Wadi, remarked that they
were uniformly at the bottom of a page, and, to say the
least, were extremely suspicious. He could not, believer,
consider that they supported the allegations against the
bankrupt as to make the ease against him more than one of
suspicion. He 'sight have sanctioned an unjust entry in
order to arrive at a just remit. The wilaryof Grath ought
certainly to have been paid. Looking at the favourable
circumstances of the case, the large amount of the hank-
ies's assets, and that a considerable portion of these
may had been in the shape of cash, he could not refuse to
pas his examination.
lit. Lwnoos applied that the bankrupt might be
a➢owed the accountant's (Yr. Beaks) chargee.