The Express.
London, England, 1859-08-11 00:00:00

HOUSE OF LORDS.—Atrover 10.

$ll W11.1.1/11CLAVIZINO, DART., r. ILIMON AND WSW.

The haorrlng singular ruse was argued • kw sines,
and Julignaint proposed until this stersilag. Mims tide
kedship claßused their opinions. It is an sgpsal from tirs
Coon of Mowry in England.

The Teaks fa the of
turns on the tams ef the will of
George Clavrrisg, hue of Gres Croft, ia the sear ty of
Durham. This gentleman had en sly rte, Theme John
Claiming, who, while trarilles Sled aphir infogilYe
married a Fresh women Maid Oen QOM, who woe••
member of the Bas catboat Mina. The mselege was
neolmnased fa Beateed on the flat of 1791.
The testator, George Clot ins, swam to have
of the marriage elf hie es with a *sips mil a
catholic, and by hie will, dated Y Jesurry, Ink he pee
all his real and perusal oasts to Orbse, le pay the
mats and prod* to hie sea T. J. Claverbg, ollerwerde
Sir T. J. Cheerio& for him ad after jle death le
all his children and their Dais as tenants in mennsom
and to default of sock teens to his wheys, C. J. Clellainth
H. If, Claverhsg, end to his nieces, Lady Napier, the wigs
ef Lord Napier, lady Peahen, the wife of fin Themes
Brooke Pechell, Berta, sad Lady Warren, the wife of 641
John Bakes Warm. But the will contained the &Mow-
ing psis :—Frovitled always, and I do hereby declare
that the &Sem herebbefore contained to my said son at.
apes thie sprees coadltion : that he shall exiles to pro-
fuse the pressmen religion according to the ritse of the
am* a Realised during his lib, sad that he shall not
reside staged more than three shrew samthe in Amy es
year. And upon this further eceditien ; that hie present wife
shall within three months beet after my dense renounce
the (gumbo religion sad embrace the realest religion,
egeordirs to the See of the thumb of inglead, and con-
dos to psalm the area linden the hie dmy said eon.
And la see my amid eon shall reads more teas three
menthe in ley year abroad, a shall not continue to profess
the preleart Migka according to the rites of the church of
Weird, or hie said wile shell not within the time aforesaid
mess the catholic religion sad embrsee the protestant
reliefs se bile tiles of the church of Sugland, or,
bavisg embraced the protestant religion, shall, during the
hie of my said son, renomme the same and embrace the ca-
tholic religion, thee, upon the said conthigencies so ht
Ist. the said devise made to my said son, and
that my said *gates sad their heirs, executors, and
sthanistraton, shall from tlumeeforth from time to time
daring the hie of my said ma phoe out thirsts and profile of
my said reel Mats and the interest and ;mopeds of coy mid
=ltestate, upon goverement oe real secorities, for the
t all and every the child sad Andres of my said re,
be divided amcogat them gam and slime alike,
7".21. to
than one, and to be paid and payables:each time and
ems mid in such maser, and under sad subject to the like
lisibliene osmoses Imeinbefore declared of and concerning
my meets end the Merest sad produce of ley personal a-
las use my see, Themes John Claverhig, during his life ,
end Eon end eller the decease of my said son, then, subject
es
aderessid, I give and devise my said real Maas unto all
and way the Slid and children of my 'aides, *Mem and
hs be begollsn, and to the bin alb* her, end their nepenthe
body and boils if more than se, to take se beende
seamen ; If bat es, then to such only child sad the Sire
of his oe her body. And fa debit of such issue I give ami
devise all my said real esteem, eabjest so absesaid, unto say
sephewa, Charles Jobe Claming, Howl Madame Clever-
tog, sad im taws Lady Napier, Mrs. Facing, asd Dame
Corolbe Wines, and their hare as busts in comma ;
and I give, devisor, sed bequeath all the reeds of my per-
anal estates unto end amenget all and every the child sad
children of my mid an Themes Jae Closing, begotten
end to be begotten, squally to be divided between them, if
more than one, share sod gam alike, and if but one to each
only child, to be paid end payable at his, her, or their age or
ve as a twesty-one years. Asd in ease any of the
sold
shall happen to ills before ha, alte, or they shall
man his. ha, or their age or ages of twenty-one years', then
I give sad bequeath the share of him, her, or them so dying
to the survivors sad survivor of them, to be paid and pay-
able a the time and In manner aforesaid; and such chars or
airy * he again liable to the said contingency or built se
the see shall happen. The *gator infrequently added a
sediell to his will containing the following proviso ••• "I do
hereby denims that the 'Miriam contained is my sad will to
my Ks Thanes John Cheering are made upon this further
tenditioa—that ail the children of my said son shall be
edleasted in England and in the pretense Mirk* wooed-
lag to the rites of the church of England. And in em all
Lessejaate.dchildrenucated .tf myt,saiod, eoni Thome
the . John Clever-
tholic retigien,
thin mad in such case I do hereby invoke the said devisee
estabief la my sold will to my said eon, and do St-
olen that my trustees named in my said will, their heirs,
mambos end administrator., shall from thenceforth from
time to time, during the life of ley mid son, place out the
mete and profits of my said real estate, sad tee proceeds and
Mart of my mid passel estate, upon government or real
seenrieloti for the benefit of such of the child and children of
my said ES IS shall be educated in England, and in the pito-
terteat scoording to the rites of the church of Eng-
ird, equally to be divided amongst them Mare sod share
alike (If more than one), and to be paid and payable at such
time and times, and In such manner, end wader and subject to
the like limitations over, ae are declared in and by my mid
will of end concerning my personal mete upon the death of
my said son; sad Is case all the children of my midis shall
be educated abroad, or not in the protestant refugia* seoeediag
to the rites ache church of England, then I give, de►Ye, and
bequeath the same unto the persons who under my will shall
in seta a case be sodded to my real sad permed Mates.
The lestatcr died in the year 1793. He was the younger
bother of Sir Thema Cheering, Bart., of Axwell-park, In
the county of Durham, on whose death without bens the
teastor's sou nucoseded to the baronetcy. Sir T. J. M-
ariam the testator's am, wee saver married to any other than
se wife, the Preschwomen, and be had issue by her ell
ebithen—Jesse, bees Fehnowy, 1793 ; Clara Anna Martha,
sow can of the ressedemis, the wife of the Baron de Kiwi!,
bra February, 1704 • Agatha Katherine, born August,
1796, the wife at the limeade Montfaucon; Thomas Charles
boss
‘4,18.796; Mesas Gems., born 1799; sad Wil-
lies born howl. 1806, the pesos appellant.
In 1800 • bbiill was filed to establish and carry out the trees
of the testator's will, and by the answer Sir T. J. Claming
admitted that ble vita bed never become a convert from the
Roman sahib to the proteetaat religion. Thomas Charles
and George Augusts, eons of Sir T. J. Cheering, died be-
fore they attained the age of twenty-one. In May, 1802, Sir
T. J. Cheering and his wife, with foar of his ch ildren—naniely,
James, Clara, Agatha, and George, went to recite in France,
Thomas, and William the appellant, remained in England.
In 1803 Sir Thomas was made a "derma," under an edict of
the French government, and was a prisoner at Verdun, and
mmaiced there and at Orleans till 1808, when be was al-
lowed to return to Paris, where he lived till 1814, when be
returned to England. During his detention his wife and
children who were not Included in the edict, might have re-
turned to England, but they did see do so. James Claiming
sever having been at school in Begird vas, in 1802, being
then nine years of as, pieced as shoot I. France, and re-
mained there till 1808, when he ems to Englaad, and was at
school at Harrow for • yes end et school at Woolwich for
las than a year. Jame Ckverieg wee the reputed father
else of the respondents, John Clesefeg, by Merle Debits°,
with whom be formed a commis ahead, and to whom be
left ell he poiressed, actual and ccatiegent, for life, with re-
minder to the sold John Claming. James Cheering died
is 1814 unmarried. In 1802 the two daughters of Sir T. J.
Chemin were pieced at Fresh Roman catholic trim,* in
Frans. In 1810Ledy Claming and Ise daughters came to
Kaaba, and the let ter were placed at school for abort pericd.
It is alleged that none of the dabs en their coming to
England could speak English Milady, sad red Fresh es
their ordinary lo:surge. In 1817 Sir T. J. Chains
having prevlou.ly returned to England, Lady Claming
again went to France, taking one of her daughters ; and in
NIA the father went also, taking the other—Clara Anna
Martha having married the Baron de Kn3ff, continued to re-
side abroad till the present time. In 1820, Agatha Katherine
herbs become a Roman catholic, married the Bars de
Monese, In Flux.. In 1850 she died, and her husband
having enbequently died, her eon, one of the respondents,
berms her legal representative. The melba, Sir W.
Claming, wan born and brought up and educated
in Reglad in the protestant religion, according
to the church of Earthed, end is the beir-st-
law of Sir T. J. Claming, as well as of the tes-
tator. George Claming. Usage the above ofreumteeres
in April, 1834, after the death of ffir T. J. Mead's ia 1853,
the appellant lied • hill paying that it might he deolered
that he was absolutely entitled to ell the real sad personal
Metes of Gems Clamieg. The as.. was heard holm
Vies-Cbascellor Kindeeeley, who ask a dam b the aid
that the appal last and the respeedeets, the Bases de
Hay! and the Baron de Monfauoen, see stilled on the death
of ihr T. J. Claming to the estate of George Claming se
Me m* in corame, which decision was affirmed by the Lords
Justices; hence the present appeal.
The respondents contend that accredits to the skins it
was shown that the children who are now the respondents
so far resided is England, and were so far educated in the
proterant religion, as to have complied with the teems of the
tistatoes will.

The Atiot:aVewersl sad Mr. Bosslgette appeared kr
the eppellant; R. Palmer asid Mr. Antphlttt for the
respondents.
The Lord Chancellor now delivered judgannt, digressing
the appeal with costs, on the grounds that the condition. in
the will bad not tarn violated, as the testator's gritadebildren
bad been principally educated in England and had been
brought up ea protestanta.
Lord Cnotwortb and Lord Kingsdown concurred.
I Appeal diamond with costa.
HOPWOOD V. HOPWOOD.

Their lordships &livered judgment In this ease, which w•a
ea appal teen ejuessine of the Lords Juglams, a/Enda( •
dons et deeYusr d tbe

Tie insoles tar iliac declaim was whether a
hes/Byer 6.0001. lett to the respondent, Frank George Hop-
via, by tbe will of his Giber, Robert George Hopwood,
Esq., kemerly of Hopwood Hall, in the wanly al Lancaster,
was ar wits sot satisfied by a sum of 5,0001. enbeequantly
eel/el by the teetator apm the rerredent on he zuirriage
with the Right Hon. limo. Mary Stanley. It that
the testator duly toads his will, dated Apri1260929, awl
he 'bushy gave all his Neale. to James F. Statitsy sad
William Townley span Mast, for the me of hie eldest awe,
Edward Jobe Grua Harrow, the oPPeileat. sad Ws
east, to nee amongst caw seas the sem of 6,0001. to be
given to each of his two younger eves, hieladteg the ne•
rpos4sat ; sad th• same ewe to be given to hie daughter,
the Rittig Hoe. Meg Deinr. CMS's' of Bt[loll. Ia

May, 1036, to contemplation of the wisp e the reopen-
dent with the Rljbt HOll. Lady Elinor Stoney, a Nene-
nest wee executed between the testator, the hate Earl el Derby,
,
the t earl, Chart.. James Sonlay, Lady Milne Miry
amine appellent, la thellenspeothe parte, whereby,
aridendies of the intoaded nerrisge, um teener
sovenested that la the event of • manilas taking pine he
would name to be paid to the pieties *era rued the nu
et 6,0001. The testator enbenreendy added a coati to hie
will, by which he directed the preens lowborn he hagneaded
hi. ropey la trust to rain the ems of 7,0001. to be applied
to the woof hie en, the , to the mon asemne
that with nerved Wa antioned. The testator died
to aht• the =s sellsitan, who had forgotten the
oshilence a the fee &11001., paid the respondent
the seta of 12,0001., bong the o,llool.land the 7,0001. They
wda=arharalladad lOW MOIL bsok en the ground that
the hien ended by iiie payment of the 7.0001.
On the steed to tipsy • bill was died, end the Newer
tithe Mons MU fist tie ragendest was entitled to both
Wades, width was aliened by the Lords anthem 'noir
'wailing wow
want beim. pie fit, rovendag the donne of the