The Express.
London, England, 1859-01-18 00:00:00

L.kW INTELLIGENCE.

EQUITY COURTS.—IAar. 17.
(Beton the Lord Chancellor end the Loris canon.)
lIATILAND V. YORTIHOT.-VIV• VOCII ZIAMINVTiON OF

WITIIIS6IIII.

Thia ma an appeal ban Vioe-Chaacell4 Stuart. This
suit was brought by the next of kin of John Sheppard, late
of George-street, Eseton-equara, who died intestate the 19th
July, 1845, and they claimed to be entitled to the whole of
the clear reedits of the aerate and effects of the intestate,
after providing for the payment of his debts end administra-
tion expenses. It appeared that John Sheppard at his death
wee possessed of leasehold and personal proper.y of the valets
of 5,9621, and upward... On his decease one Mary named,
• person who it was alleged had cohabited with him, but
claiming to be his widow, took otttadministration of the estate
in the name of Mary Sheppard. Proceediege were taken by
the plaintiff to obtain an account from Mary Masters, other-
wise Sheppard which was rendered, and by an indorse*
dated the 30th November 1846, made between the plaintiffs
end others, the flee eiders of the intestate, and Mary
Masters, otherwise Sheppard, It was agreed that Mary
Sheppard was entitled to • moiety of the mildew
estate of the intestate, and the iplaintiffe and then
sisters to the other moiety ; that John Sheppard in 1848 gave
Mary Sheppard the stun of 6501., which bad been laid at in
en
senility of 691., in the names of Thome Mortiboy and
another as her trustees; that the plaintiffs had abandoned
any claim to the end annuity ; sod flea, that Mary Shep-
pard was entitled to a W• 11 of 2,9861.8., a, and she was
released fire all claims against the ester of John
Ms sum Mary Mager., er Sheppard, received antis=,
se wallas the annuity. She died January 3, 1857. By her
' will she appoitfted the defendant and another gentleman her
exerators and nurses, and made • general devise and be-
quest to them of all her reel and personal estate for the
boat of relatives of one of the executors. At the time of
the making of the indenture In question, and up to the time
of the decease of Mary Masten the plaintiffs believed she
bad been the wife and had became the widow of the intes-
tate ; but after her death they diecovered that • marriage
had taken place between one James Masters and the passers
who subsequently cohabited with John Sheppard, who
went by the name of Mary Sheppard, on 26th February,
1824. The facts appeared to be that in and after the year
1817 the person celled Mar y Sheppard resided for shoat six
pen in Gloucester-pisos, New-road, where she was visited
by • person named Jones, to whom she was never married,
sue who was believed to be • nobleman, end she was then
commonly called and known by the name of Mary Jonas,
ar
Mrs. Jones. For several meths before February, 1824, the
said Mary Jones went to reside at Mornixtgton-plan, Hemp.
steed-road, and there she became acquainted sad formed an
intimacy with one James Mamma who we • pianoforte
maker, at that time apprenticed to Messrs. Clement!, of
Tottenbam-coort-rod, and, as alleged, the, on Feb. 26,
1824, married Master. at St. Pancras Church, under the
name of Mary Jane, and received and reserved her mar-
riage certificate. This marriage was by license. It was
&airthat die said persoo, known as Mary SheppeaLwas
married by license, is the name of Mary Waif, to John
Sppard, at the church of St. Marylebone, on Bth Ma=
1824. Evidence on;the part of the defendant was prod
to show that Mary Masters was married twice to the sum
man, but under different names, and en the part of the
plaintiff to show that she was twice married, first to hews
Masters and then to John Sheppard, within a math of nee
other. The Vice-Chancellor decided that the meet•
nese with Medea, on 26th February, 1824, was •
legal marriage, sad that with Sheppard wee illegsl, Med
held that Mary Masters wee not entitled to have • diatribe-
tire share of John Sheppard • property. The present appeal
wee then brought, and It was arranged that the evideace of
the principalCtoseses Amid be taken before the full wort
viva axe.
The following witnesses were celled teethe plaintiffs :
Maria Haviland was thencialled std examined by Mr. Mao-
names. She deposed in entetanas ea follows am one of
the plaintiffs in this suit, and sister of the late
Jahn Sheppard. He we a jeweller, carrying on
bnethees in George-street, Huston-square. I remember
• person who lived with him am bie wife, under the
name of Mary Sheppard. My brother died 19th July, 1845.
Mary Sheppard eurvived him They had lived apart • year
or two before my brother's death, sad until his death. They
lived very unhappily. After lie death Mary Sheppard lived
in Albert, street, Reese's-park. She had then in her seri.
vice a servant named Haan& Hawkine, who lived with her
flee years. I remember seam on Mary Sheppard, and she
told me something Hanna Merldna bad said.- It was the
end of 1860. Mary Shipped was going to /Deemer ad
that time. I slept at her asst while she we away, She
told me that directly_ bar hook Ins tamed Hannah Hawkins
would most likely tell me •• terry
_the milkman had told hen
about her having been married before ; and if she did tail res
so, I waa to appear as if I knew all about it. I said thal
was strange. She did not sive the name of the person the
milkmen said she bad been married to before. I told her I
mild not oily so, as I knew nothing about it. She end 201011 Cli
these days the would tell me all about it. I did not mak her
any questions. She never told me any more about it. Mary
Sheppard died in January, 1867. Shortly after that, Mr.
Mortiboy, the defendant, clad on me. He said that if we
I would like to have Mra. Sheppazd's wearies apparel we could
have It. He meant Sheppard' sister, ales. Hackett,
who to deed, and myeelf. I sent foe It. A pared al
was sent me, a number of old tradeemen's blip, and
Medi: it a marriage certilesta. gide was the catifirte
the first marriage, at St. Fssos, of James Masters end
Mary Jones.] I took the wartifkate to my solicitor. Been
I found the certifloste I bow nothing of it or it. contents.
Cram-examined by Mr. Rolt—The milkman's name wee
Knight. He Peed atthe owner of Morntestottatreet, mac
Albert-street. He we llcois there a few weeks ago. Hs
be kept the bairn than many years. Mr. Mortiboy said
nothing about papers, but • beadle of them came among the
clothes with other waste thinge—love-lettem•Aind other Mr'
, and I burnt
brit. I did not think the other papers of velar
than. They can't be produced now. I mentioned to Mrs.
Pegs that I had found the certificate two or three days after.
Neither she nor any of my
_family had beard
If the marriage
before. I mentioned it to Mrs. Hackett, and knew • I•E`
son named Adkinei; the was the last servant who lived with
Mrs. Sheppard. I have celled on her since Mrs. Shep-
pard's death. I saw bar once, and did not call on beg

_nn Adidas mat for me, aid then I called.
Rxerpt the cartifioate, there was °ethnic of value in the
papers. The lon-letters were not from Sheppard to Mary
Jonesßy .the Lord Chance/kir—l never had say catvereallem
with Hannah Hawldas in Mary Bhoppard's le.
By Load Justice Haight Brace—Ain Adkins wee •
servant at Dr. Adam', in Maraington-road. The love let-
ters were dated 40 years ego, and were from more than oar
person. Ido not know where Mary Sheppard cams from, or
anything of her early binary before she metaled.
Hum& Hawkins—l wee In the mindes of the late Mary
Sheppard from 1830 for nearly five yams. I was her only
servant. We bad oar meals together. I sat with her. We
were on confidential terms. MU spoke to me of her private
abb.. I remember a convolution about her marriage
about a month or six weeks after I was in her service. She
treated me confidentially from the beginning. I heard from
the milkman that be knew her when she was Mrs. Masters.
I told her, and she said ft was true, that she had married Mr.
Muter. before she married Mr. Sheppard. She frequently,
alluded to it afterwards, and told me what hie
busineom wise. She said be wee a pianoforte-
maker. She told roe she was married to Mestere
to St. Pancras church, and that she lived with him
la JoAd.strest. I don't remeraber how long, bat she was
living there at the time of Masten' death. She told me
Masters died einddenly ,• havtag been taken in the street,
he area brought home he a eab, end died soon after. Hie
mother was living with them at the time. She told me that
her maiden name was Mary Wall. Mrs. Hartland celled
about the time of the conmereation with the milkmen. Men
Sheppard told me she had the certificate of her marriage with
Masters. and that site would show it to me, bat &hoverer did.
She told me ebe loved Masters better than Sheppard, as she
=feta the latter on account of hie prospects. She was very
imbegpy with him, end had 'operated from him. She told
me I was not to repeat the conversation I had with her or the
milima to any of Mr. Sheppard'. brolly about he
Amor marriage with Mr. Mestere, u it would be Very
entomb to her disadvantage if they knew it. My mistren wee
veryis her habit,. She lived very meanly. Shenk!
she weneklMgad so be so,u she did not know but some day
ale might he obliged to give up the greater part of the pro-
pony. Mr. Mortiboy "Iveyr transacted her byname. He
au hewn* at the house, and abe was always denied to
say ow eke when he was there, except when there was a
=. She gave owning partaa—card perties, She told me
boy knew all about her Oaks. She to!d me she was in
Mr. Mortiboy's power. She did not Mete the reason. She
maid the fret time she went to church she was too late, and
Mestere was very angry, end abs said she had a good mind
mot to marry him at all, but they wut the next day end were
married. I have commuoicated to the plaintiff end her solicitor
about the marriage. Mr*. Sheppard lived at 72, Albert-Igram,
Hampsteed.road. Mr. Montboy was a trustee of her marriage
settlement. She told me so bequediy, and frequently that
she was in Ms power.

By the Lord Chum did not know Mrs. Sheppard
till .be wee a widow. I never saw Mr. Sheppard. Mm.
gaimpard talked to me very often about hoe marriage with
Masters.

By Lord Justice Knight Bruce—She was what I should
ea a clever woman in housekeeping end imeinees affairs. I
could not ban called her a foolish WOMPII in sonic things.
Bb. wig, ow the whole, a sensible woman.

Mary Repro:a—My =Wen name was Crown. I em
heasekeeper in Dr. Phillimore's family. I have been
seven or eight years in the service of Dr. Robert
Plain:bore. I was in the terries of Dr. Joseph
Phil Smote, his father, five or sir years. I remember a person
called Mary Shipper•t. I mice lived as her servant about
eight years. She was living when I lint entered he•
service at Oloneeeter-plus, New-road. I married while I
was In her service. I remained nine months afterwards.
It was about four or five end thirty year. ago. The 1211,671111 t
a the house was Mrs. Mk.' Mar ebriattan name es, Situ-
both. When I first went to Mr*. Sherperd abe passed by the
name of Jones. A person utiles himself Jones visited at
the house. She told me he was a commercial traveller, and
she might see him once a weak or once it fortnight. When
he rams there they lived together as area and wit.. From
something Mrs. Sheppard told me I learnt they were not
married. That was long after I had been with her. She
told me this gentlemen, Mr. Jones, wee poirg to
be married, and she seemed very unhappy. Ste told
nee be bad married somebody she. From that lime
I never maw Jams at the house. I remember