The Express.
London, England, 1853-08-20 00:00:00

LAW intelligence.

1101S1. OF LORDS.— YESTERDAY.
Y~sua, in. Loan CMANCOLLOII, Juan Ltsoutraar, LORD
ur ...arr, Inas larau, Loan ar. LIONARD4I.

Et: E T., r. 814..VN LOw.-TmE EARL OF Bill 110 SWAT Mei§

FATATIM.

ITheir to-day gave final judgment in this cue,
which has Seen tor some time before the house. It will be
remernhereel th.t the case relates to the singular will of
the late Earl d Bridgewater, by which certain estates, said
to medusa bets, -n 60,000/. and 70,0001. a year, and which
were linqueatheil to the late Lord Alford, on condition that
during his lifetime he attained to the dignity of Mar
psis or Bake of Bridgewater. The eau was argued
at great length In fore their lordships, assisted by the
learnt,' josses f the common law courts. The ap-
pellant !At. William Spencer Brownlow Egerton
(formerly !shit 11'illiam Spencer Brownlow Horne Cut,
he basin: ...,aione 1 the name and arms of Egerton), corn-
neatly t fled Lid Alford (eldest son of the late Lord
Alford), an Mani, who appears by his next friend, the
Hon. Peregrine Francis Cust ; and the respondents are John
Earl Brownlow • hl the Earl of Powis (trustees limier the
will of the E al of Bridgewater), Lody Marianne Margaret
Egerton (fainerly Alford), widow of the late Lord Alford,
whose joiature chanted on the estates in question, the
Hon. I H. ary Egerton, second son of Earl Brown-
low. she is he party interested, being next in
remainder to Lot I Alford on the failure of the provisions
under which he was to inherit ; Wilbraham Egerton
the rids, Wii.'am Tatton Egerton, and Wilbraham
Egerton the younger, who were parties in contingent re-
mainder under the will. The late Lord Alford, in whom
the estates were rested, having died without attaining the
digeity of Duke iir Marquis of Bridgewater, the respondent
Cheeks Heavy Egerton, the next in remsinder, claimed the
estates, and the present appellant, the son and heir of Lord
Alford, hear-at-law of the testator, filed a bill in Chancery,
praying that it might be declared that he was under the
will electable tenant in tail male of the estate other than
leaseheld for years, and absolutely entitled to the estates
held upon lease, on the ground that the condition in the
will, tha as.. fulfilment of which it was alleged determined
tha right of the late Lord Alford and his heirs, was void, on
the ground of pe..blic pulicy. The Cain was heard before I
Lord Crane oath, when Lard Justice, who decided that the
provision of the will not having been complied with by
Lord Allitl, no estate vested in his heirs, but that Charles
Henry Egerton, he respondent, was entitle! to the estates.
The present spin al was then brought.
On Friday last the learned Judges gave their opinions on
the questions submitted to them, which went in substance
to the decision of the appellant's right to succeed to the
estates. 1 neel'fity of their lordships were of opinion that
the .appellant 4E4 not take any estate after the death of his
father, the late lord Alford, but that they passed to the
next in rentain'tr, the respondent, Charles Henry Eger-
ton. The Lord (thief' Baron and Mr. Baron Platt gave an
opinion in haunt. of the right of the appellant, the present
Lord Alford. Tae case has been so fully and elaborately
report' din all it stages in the Daily New, that it will not
be necessary en :he present occasion to say more than that
Lord Lytelhurst Lord Brougham, Lord Truro, and Lord
St. LY.L1.11,11, rered their opinions at length, and decided
agaiust the opiu.on of the majority of the judges that the
appellant, the present Lord Alford, was not barred by the
pruisions of the will from taking the estates in succession'
to his father. Via late Lord Alford, and that the judgment
of the court Woe must be reversed.
The Lord Chancellor stated that he had so fully stated his
reasons for the ju (grunt he delivered when Lord Justice, that
he should routine himself to saying that none of the arguments
he bed head, nor even the great weight of the judgments
of hi, noble and :earned friends had altered the opinion be
expressed when he delivered the judgment of the court
when a L..rd Justice, audio thet opinion he still adhered
believing that a compliance with the provision of the late
Lord Alford, was a condition precedent to the vesting of
the estates is his heir..

As the 14 j iri'y of their lordships were of a contrary
opinion,
The jukitw nt of the court below RCA reversed.
Tha effect of this decision is that the present Lord Alford
becomes the ?0,423501' of the vast property in dispute.

COURT OF BA
1R"..1.1 Ma.

CIf.—YESTESDAY.
FoNsLasot c.

IX RV ‘VILI.Itst LIONIL FRLIX TOLLRMACHE, COM-
MUYLY LORD lICNTINOTOWRU.

To-Jay was fixed for the last examination meeting in the
matter of this hcnkrupt, described as of Grosvenor-square,
horse de der, the proceedings in whowl case, under a former
bankruptcy in 1542, and again in MI, when his lordship
applied f.fr re3tif as anansfueent debtor, hare before
been reported. The petitionlOunder which the bank-
rupt now applied was dated July Gth of the present year,
and was at the instance of Mr. Carttar, solicitor, Greenwich.

It may be raw:ushered that after the previous failures his
lordship had taken upon himself the renewal of certain
debt., and it was said that the present bankruptcy was to
re/ease himself of those renewals. The balance sheet, con-
sisting of forty f.lios, and estending from January 1819 to
July 18.13, was prepared by Mr. J. D. Fowell, of Basing-
halirtreet , and contains the names of upwards of one
hundred creditors (the debts contracted since the former
failures), and *Lowed the following results :
Debtor To creditors, 3,0861.; ditto on debts under
former bankruptcy renewed, 8,7661. ; ditto under insol-
vency, 2,613/. ; liabilities under former bankruptcy re-
newed, 42,2607. ; ditto under insolvency, 4,6501. ; cash
from relations, 3,395/. _ .

Cnditur By deficiency January, 1849, 13,006/. ; doubt-
ful debtor, 1601.; property given up to assignees, 1201. ;
loans, 1401.; law costs, 9601. ; trade expenses, 7281.; house
expenses, 3,3671.; liabilities as per contra, 46,9101.
The egad assignee, Mr. Statureld, reported that the
bankrupt hal wept no books, but the accounts filed were
in his (Mr. Stansfeld's) opinion the but that could be ren-
dered, and they were in the proper form.
His Honour--Is there any opposition to the bankrupt's
Ipaining
Mr. Luess-1 appear for the assignees, who are quite,
satisfice with th 3 bankrupt's accounts.
Ills Honour-1 observe that the greater portion of the
bankrupt's debts arise from the renewal of old debts—a
most mischievous practice. I am glad that this cannot
occur again. The last statute puts an end to these re-
newal,. The attention of the assignees must be particularly
called to these renewed debts, particularly to the bond of
20,000/.
Mr. Lucas—The case is now in respectable hands, and
the assignees will do all that is right.
The bsokrup: then passed his examination.