The Express.
London, England, 1860-02-07 00:00:00

EXCHEQUER CHAMBER.-FEB. 6.

Sittings in Error.—(Before the Lord Chief Baron, Justices
Witheme, Willes, Bytes, and Keating, and Barons Martin,
Bramwell, and Chainsll.)
STRAY I. RUISSILL.—TRE ROYAL BRITISII al3i L.
This was an acacia brought by the plaintiff, • tailor in the
Haymarket, to recover 663 f. the amount of twenty shares
is the Royal British Bank. It appeared that on the 28th of
August the plaintiff directed Messes. Taylor and Ashton,
broken, to purchase the shares in question, which they did,
to be paid fur on the 15th, the next settling day. The bank
stopped payment on the 3rd, sad the plaintiff wrote to the
Messrs. Taylor not to pay money on his account. They re-
plied that they were bound as brokers to pay the money.
After the stoppage, application was made by the defindent's
brokers to the directors to comma to a treader of the thugs,
and on the 18h the transfer was effected to Messes. T•itilz
and Ashton, but the plaintiff declined to pa them.
brought an action against him and the
and the Court of Error affirmed the judgment of the ttt:tti
Common Pleas. The plaintiff then brought this anima fa
the Court of Queen's Bench, and failed in obtaining a en-
diet, lie round the full court, and they decided against
him, and it was from ,this judgment the present writ of
error et as brought.
Their Lordships, without calling on the other side,
affirmed the judgment of the court below.
COURT OF PROBATE AND DIVORCE.—FEB. 8.
(Beim the Judge Ordinary.)
RROLDBENT V. RUCIRS.--SPRCIAL JURY.
This Wei a contest about the will of Mr. Joseph Hugh
Hughes. who died on the 3rd of September, 1869, at the
advanced au of 88, leaving a personal estate of about the
rain, of 4,00 W. The plaintiff, the executor of a will dated
tits 16th of August lest, was the husband of the testator's sla •
ter's dughter ; and the defendant was the son of his brother.
The testator was formerly a sergeants the Royal Navy ; and
he wee taken prisoner by the French at the depot Deateie.
On his release, after a ten yews' confinement at Verdun, he
came to England, where lived in a great many plane,
besides having travelled • good tad cm the continent. Heal ways
took much interest in the wife of the plaintiff ; and on her
leaving school he suggested two or three Forum to her from
whom to choose her husband. The young hay, how-
ever, dedined his essiauce, end married the plaintiff ;
but, though at first offended, the testator did not
permanently withdraw his affection from her. Latterly
he hat heel tint her at Islington. On the 16th of August
he had a taroke of paralysis, and was attended by Dr.
Lefergue, to whom he spoke of settling his affairs. Dr.
Wargoe recommended him to lose no time, and on the ism
evening Mr. Bohm), an attorney, was introdoord to
him; but he said that be would take a little time to
think the 'twice over, sod eo nothing was done at
that time. On the following day, Mr. Bolton visited
him train ; and the subject was again alienated.
He said be should like to leave somethieg to a friend named
Adsaithweite, but he was reminded that both Achmthweite
sad his son wore deed; end then Mr. Broadbent reminded
bleu that be had promised to leave his property to his niece.
He replied that be would do so, sod instructed the attorney
accordingly. Mr. Broadbent auggfeted that he should leave
something to his nephews; but be refused to do so. The
will having in the meantime been drawn was then executed ;
the 'tenting witnesses being Mr. Bolton and Dr. Lafargue.
On the other side traduce was Fives with a view to show
that the testator's mental faculties bad considerably felled
him daring the last six months of hie life; and it was con-
tended that the will had been rude under the undue influence
of the Broadtants.

The jury without bedfellow, however, found a verdict for
the plaintiff,
Sir C. Cri•wwe'l accordingly pronounced for the will; but
reserved the question d POW