The Express.
London, England, 1851-03-29 00:00:00

Rain Intelligence.
EQUITY COUitTS.—YESTF.RDAY.
Baleen Lea. rioaretetis (V 1 CILIPCI:i.u,RI.
Tii MIDLAND (.4041. r. TILE (AMA'?
RAILWAY Comr.taw.
The question in this ewe was on, of run rruction, arising
upon an act obtained by the detendwit', in 1817, whereby
they were empowered to make ortain slt,rations in the
line and levels of their railway between London and the
neighbourhood of Grantham. The delendunts had served,
the plaintiff+ with notice under the art, that the
should require for the purposes of the deviation, authorised
by the said act, certain pieces of land adjuiuiue the line of
the plaintiffs, and of which the latter were the owners.
This was resisted by the plaintiffs, who alleged that, by the
true construction of the art, the pieces of land could not he
taken or obtained by the defendant,, unless with the consent
in writing of the Midland Company previously had and ob-
tained fur the purpose, and that such consent had not been
obtained. The question arose upon application by the
plaintiffs for an injunction to restrain the defendants and
their agents front proceeding to take possession of, or to in-
terfere with, the pieces of land comprised in the notices.
31r. Bethel and Mr. Speed appeared for the plaintiffs in
support of the injunction, and Mr. Itolt, swam, for the
defendants.
UPI Lordship was of opinion that, upon the true ronstrue•
tion of the act, the defendants were not empowered to pos•
fie,:e themselves of the pieces of land in question, without a
written consent on the part of the plaintiffs; and 11,, there•
fore, granted the injunction.

PREROGATIVE COURT.—YE
assess. ten It. J. run.
DitoSILEY r. CAttiV..
This was a business of proving in solemn form the last
will of Mrs. Jones, late of tut:meter in the county of
Staffontshire. The will in question, 'dated 7th of April.
1n49, was propounded by Mrs. Bromley, a eon sinsterman
of the testatrix, and one of the n-iduary legatee* namosl
therein, and was opposed by Mrs. Hyde, the granobtlaugh.
ter of the deceased's husband by a Milner wife, as resi-
duary. legatee under a will bearing dote the 'end of Noorem•
her, 1839, and who was likewise a n[sidu try legate, under
the will now propounded. The testatrix. who wan
of the age of eighty-six years, appeared to have
been a friend to the wiles in the cause, unit
also to • Mrs. Wilderat with whom she herd bee*
intimate for several years. It seemed that s' [e the making
of the former will, two of the legate -4 named therein had
died, and the value of the deceased's property had eonsider-
ably increased by the purchase of come homes. It W
an
elated that in tunsispunee of this, the will now in do-puts
was mode, leasing her property to he divided equally loe.
tweet% Mrs. Ilyde and Mr,. Bromley, on the understanding
that Mrs. Wilder shoutl take an equal third part, such
being the esproond intention of the deceased.and tin name
of that lady was tonly omitted in tin will, in coon-
quenee of her being employed to draw it up. Atter
[ the funeral of the testatrix a de.' was drawlt up
sad executed between the parties, uttering to tire
Mrs. Wilders one-third of the property. and •
solicitor was instructed to procure a commission from Lich-
field for the purpose of taking out administration, with the
I new will annexed. Mr... Ilyde, however, now opia.st .1 the
validity of the instrument, on the ground that it was made
while the deceased WWI in articulo mortis; that she was
delirious the day before her death, saying the saw 11.
the room, that artful misrepresentations were resorted to
by the drawer us, and that the parties were isoluc.,l seedy
by false reprecentations to execute the deed beton. men-
tioned. The value of the property was I,Boof.
Dr. Jenner and Dr. Hayford submitted the will in gars.
tion was that of u capable testatrix ; that it was mule at the
suggestion and under the advice of her solicitor, and that
the instructions at emanated from herself.
Dr. Addams, on behalf of Mr.. llyilo, submitted it was
quite impossible for the court to set aside the will of 1g39.
which had been regularly executed, and to adhere to a will
made three hours before the death of the party, tuggested
and drawn up by Mrs-Wilder., a party interested, and sup-
purest by evidence the general result of which was moat
1 unsatisfactory.
Dr. Twin appeared on the same side.
Drs. Jenner mut Dayford having replied,
'the court, after going fully through the evidence, was of
opinion the will in question was the act of a capable testa-
trix. With regard to the charge of fraud, none whatever
appeared to have been practised ; there was nothing intim,-
liable in what paned on the OtC.VIOII 01 the pi% p oration
of
the instrument ; neither, under the circumstances, did it
seem to Is an unnatural distribution. The court therefore
pronounced for the will, and decreed administration to
Mrs. Bromley.

COURT OF BANKILUI'TCY _ ESTLKDAY.
BarOa• Ma. Ceinitano•ait
IN ter. Woott.--Oetnewttv.
This was the meeting appointeel for the last examinotion
in the case of Willimn Leighton Wood, di:scene-a as a
pianoforte manufaeturer, of Charles-trout, Drury-lane.
The bankrupt, it will be remembenol, woe reeentiv tied at
. -
the Central Criminal Court on a charge id
sentenced to seven years' transportation. This iok place
shortly after the failure; there were consequently um no-
counts, and the bankrupt was proclaimed in the usital form.
Ilis delta are between 1,500/. and 1,1)011.; the aoiletneell
have property hi their possession amounting to 5301.. but
all actiou has been commenced against them for its re/so/cry,
on the ground that it had been previously insigne-11. Moms.
Wright sod Donner were: for the Assignees.
throes Mir.t..ow.eertemis
IN lir Donnoi.v.
This was the certificate meeting in the elm. of George
(hellion, builder, of Chew-a, who had been made bankrupt
along with his brother Ephraim 60.111101 t, Pint, Iteil,fled.
The debts of the firm were Self.; assets, incoosiderable.
They had rvnnnueneed business with an estimated capital of
131. Its. 211. The profits were put down at 2021. (ter a period
of about 12 months) ; expenses, 3161.; drawn out by the
partners, li4l/.
There was no opposition.
His Honour, observing that there would lw nothing for
the ereslitors, that the bankrupt* had begun without eapital,
und that the expenditure bad exeeedeid the profits, suspended
the certificate for 12 mouths from the elate of the petition:
IN int M. AND L. Row LANiirioN.-I(6SIOVA r. er ritml3l4
bankrupts were drapers in the Whitechop Lroad.
This was the meeting for the last exumination The fid-
lowing is a ropy of the balaney-sheet prepansl by Mr.
I Butler, of 11a,inahall-street. It extends frutu Ist January,
1819, to Nth January, 1861:
Da.
To Creditor%
1430
Profits
Cu,ital, Ist January, 11111/
Cs.
no bills reeynab'e ............. .....-.. ............... 178
.6.,05l &Ms
Pr perty rsalised
Loss son soli- id property by solipers
Trade expos* s I,E2
7
PiArtrwrs' drawings
Lideitiee ev4
Mr. Pennell, the official assignee, reported that the limas
hail been well k.'pt, and, but for the loss in nalising the
stock, there would have been sufficient, including the book
debts, to pay the creditors in fur..
Mr. 1 urner opposed for the assignees, on the ground that
the hales of goods given up by tin bankrupts were not
numbered consecutively. These bales had been parked up
and removed.
Mr. Lowrance, in support of the bankrupts, urged that
they hod been misled by the advice of a dishonest practi.
tioner, and had removed 14 or 15 hale., of goods ; lout as
soon as the creditors were called together, they disclosed
the place to which the goods had been removed. There
was no pretence for saying that they had not now given up
the whole of their effects. Ihe ease haul many fovourable
features;tur,: had
l theyaie, ha
withinil begun with a considerable capital, had
earned legitimate
atnhde ppnr:ifititatsi.gellt'hniodflac., fact of th
busing
removed: these goods would have to be considered at the
certificate meeting.
The bankrupts passed.
Iv itt Jarrow.
'this was the certificate meeting in the case of Samuel
Jeffry s, described us a horse dealer, of kith:int, in Kent.
lie hail also been a former and maitster. Ills balance sheet,
prepared by Mr. Hutton, of Itucklersbury, exteuded over
2 j years prior to the 16th of December last, and contained
some rather heavy items:
Da.

To cr. diews, unsecured
Tu tradtumpi bolding unaptly
1 o ..... ..............
To surplus ski commencement of the sec Vat

g?,4411
6,201
.5.“93
. 4,842

Ca.
By to al debte.ra . / :15
by property
B) propt rty taken by afteriff
By le up. rty held by crebtuts . „ .
by trade ...wham ,91,2
By null duty ..
by law mats
46
By rt uta
By nt.t r 4.4
1,427
By h.o.c and penamatespeassa
os•ea
By l
Mr. Lawrence supported. Mr. !linear', fur the noir
flees, did not oppose.
!Its Honour having carefully gone through the (Acta of
the case, grunted on immediate certificate uf tho 2ud clam