The Express.
London, England, 1859-07-15 00:00:00

THE EXPRESS, FRIDAY EVENING, JULY 15. ISM.

NAVAL AND MILITABY.

ADIMIALST, JOLT 14.—APPODMii3rre.—Coa-
tesehr U. F. (1855) to be imputing cootounder
of lite Cart Owed._ _

-I.lswismindi ll:Fawkes (1867), to Im Inanition., 61,
mew s eon frigate, st Portanioadt ; and H.I. !Repines
(1867), tothe Urgent, screw stem store.stilp,6t Portemondt.

Hid Royal H igbnes 3 the Doke of Cambridge, aa
Cemmanding•ta-Chlid, held a levee yesterday aur-
ae= nt the Rene Gas* wink was namerenely sat ended.
1110 examination of taint§ he admission to the
&al Collsge will be hail et the Royal Respired, Mein%
cenmmolng on the 104 the wassing wadi, terns=
011.11•1 Tkelmindant, and the Mewing
d the Camel at Ildatadon .—Majer. Genteel Pen-
n* LMea.-Celenel nod Colonel Elwyn. The ex-
minks mord ow min days.
We regret to boar that KW-Admiral Henry
Dundee Traitor, whin paying a Alt at the hydrogrspido di-
! p ino* ad the AdatralM yenstday atterans, visa mind
by a paralysis liessit. The ;What Antic enterer wae at
wee tesveyed to Ids madmen Dereneldre-pleoe, Nen-
reed.

WOOLWICH, JULY 14.
The Supply screw store vessel, Master Command-
ing BaSimon, having discharged reterned stereo from Malta
at the Royal Arend, is orderedilzd to the dockyard
tomorrow to lend 76 moss con satlquitiis for the
British 11111111119. Mr. Newton, the tisk vice-roved at
Myteline, who bee rendered the utmost sweistance in reco-
vering valuable apecimens of err from the ruins of the ea-
cleat city of Ralicarnessus, returned home in the Supply,
which vessel during her outward voyage from Woolwich
caperieaced • succession of heavy gales, and carried sway
ler meta She has undergone repairs et her Majesty's
dockyard at Malta.
The Driver, peddle steam venni, forwarded to Woolwich
boa Sheenier, is ordered to be docked for repair*.

CHATHAM, JULY 14.
The afternoon a detachment of 112 non-commis-
sieeed Mama sad aim of the Royal Marine Light Infantry
end the Marino Artillery, under the command of Captain G.
Wsbb, sisberked from the Dodger:lto join the line-of-battle
mow Putrar Man, 81, Captain J. N. Stroup, fitting for
ma at Sheereera.
The funeral of Sergeant James Alexander Wilson, one of
the py esrgesets of Una dimaioa of Royal Meriess, took
Pisa this afternoon with all militsry homers.

libi lattlltgauc.

HOUSE OF LORDS.-Jny I t.
*PHIALS.

(Before the Lord Chancellor, Lard Brougham, Lord Case-
ment', dad Lord Chelmsford.)
ILCTLIDOZ e. IUTLIDGE.

This was= appeal from the Court ofChancery, =deplane
dense eseabliehiag • family agreement spigot the appellants
which they have, sought to disturb after the lapse of nearly
ninety years since it was entered two. The oompromure
bad reference to certain landed mammy in Ireland, and the
=too which ware the appellants and the Rev. Francis
, Pass damesel. The facts were as follows
TM Ham Hemp Etisghwa, mid John Bingham his eldest
ash, art
ash, ea Wan al hale% dated April 3, 1736.
edienelipMer dagehal mem Pawn Radedge, his heirs and
=Mk Maim Mantel in the meaty of Mayo, on
Mss tar three lives, and with a comma% foe per-
mbad semisaiL At the time Peter Rutledge entered ado
pessmiele be Md two moss, Thome, be. eldest, sad heir-at-
hi im sad Wms. Oa the of Themes Rutledes
orte.cles vies Emma up. dated 1 November, 1743, by
which the bads Is qumenb. N. were Wild oa Peter Rutledge
he life, with mmaindsr es Themes for life, with
menalacter to his diset sad other sons in tail male,
but the deed at tallimMt dose not appear to ham be.
execute& an the 18th Kay, 1749, the reverekmary he es
the lands was conveyed to William Rutledge, the mead NS
of Peter, la trust for Peter. Certala other leads also were
is pnensisa of Peter Rutledge, sad he, on the Bed Doom-
him 1788, made his will and devised all his estates to hie see
Theme for life, with remainder to his seas, and then with
nemiader to the son of his second ma, and with remainder
to his nephews in succession. At the death of the testator,
in 1769, there survived him hie eldest son Thomas, and
Rickard, the eon of his secondson,William, deceased, =dare
nephews, William Rutledge, jun., son of Andrew Rutledge,
sad David, son of James Rutledge, brothers of the testator.
Peter, the eon of Thomas, mairied in 1770, and by his
marriage the " demised lands," to the extent of the interest
created by the indenture of 3rd April, 1738, were settled on
his lather for life, with remainder to him for life, and then to
the heirs of Thome, the father. Peter, the eon of Thomas,
died without issue before the year 1799. Thorny., his father,
had no other legitimate son, but he had an illegitimate son
named Robert, on whose marriage the "demised
lends" were settled on him in remainder after the
death of Thomas, bat oaken to the trusts of the marriep
settlement of Peter. Thome Rutledge, is 1799, in the
exercise out a power given him by hie fathees will. charged
the Mama in Mayo with 6,0001. in favour of Robert Bat-
ledge, sad also after the death of his son Pates conveyed all
his Mate and letterset is the "demised laud" to his
mw see sou Robert. He also, by his will dared in May, 1797,
had devised all his real sad personal estate to his ma Robot.
Oaths death of Thomas, in 1806. Richard Rutledge, the mond
William, the second eon of Peter Rutledge, became tenant
for life of all the estate. under the will of Pour, and the in-
terests subsisting in them, which were then vested in Robert
Rutledge. The said Richard Rutledge died In 1811 without
issue,and all the other clarinet named in the will of the
original testator, except his nepneW David, having died with-
out issue, the said David became tenant for life of the estate,
end in 1813 he demised part of the lands to Robert Rut-
ledge on a lease for 21 years. Robert Rutledge, in 1819,
settled all his reversionary Merest on his nephew Francis
Lambert on his marriage. David Rutledge died in 1825,
leaving two legitimate eons, William and James, and two
alleged illegitimate sons, George and David, both older than
the legitimate sons; and his sae William became tenant
for life. The second son, James, died without Min.
Oa the failure of the limitations In the will of Peter, the
original testator, Robert Rutledge, the illegitimate eon of
Thomism became entitled as his devleee to the estate. Just
the death of William Rutledge, the appellant,
Z;I to
Rn'ledge, set up a claim to the estates, claiming to
be the legitimate issue and eldest son sad heir-at-law of David
his father. The mother of all his eons war the same puma,
but it was slimed that haws not married to her moil • pe-
riod before theinth of William. In 1825 the said Willhme
Rutledge was hued a lunatic, and his estate pieced In the
custody of the Court of Chancery, until be died in 1832, who
George Rutledge entered on the mates without proems at
law. Robert Rutledge then made him claim to them me de-
visee of Thomas Rutledge, end brought actions of enemese
seed filed bills against George Rutledge for the recovery of
the estates. In one of the &otiose the jury could not epee,
and were discharged, and in the other Roben Rutledge sub-
mitted to a flowing. Subsequently. in 1839, and pending
peocrediege in Chancery, Robert Rutledge died, and by
his will gave his Interest In the estates to his
wife Elizabeth for life, with remainder to David Watson,
her son by a previous marriage, and his heirs male, sad if he
ehould die without Slept male to Robert Rutledge, the re-
spondent, the son of the testator's nephew, Francis Lambert,
who had sauteed the name of Rutledge, sad his hers, with
remainder to Robert, the respondent's younger brother
Francis, with remainder to his heire, with remainder to his
brother John, with divers remainders over. At the death of
the testator in 1833, a negotiation was pet ter foot for a cote-
frtlitrtse between the parties Interested under the will of
Rutledge and George Rutledge, who had taken pos-
session of the Motes, and aa agreement was entered into by
whkh George gave up part of the estates, on condition of
retaiaing the other part. la 1863, George Rutledge and the
other appellants brought actions of ejectment to recover the
lands which they had given over to the other parties, in which
verdicts were in his favour. In 1866 a snit was brought by
the respondents to compel specific performance of the agree.
nient of compromise of 183 J, and • decree was mods accord-
ing to the prayer of their petition, thus establishing the
agreement. Against this decree the present appeal was
brought.
- - - -

Mr. Whiteside, of the Irish bar, end Mr. Hathriogton
appeared for the appellant; Mr. Rolt and Sir Rush Cairns
argued ties case of the rrapondents. . .

The erstuaseta were Mot quite concluded whew the louse
row

EQUITY COURTS.--JuLv 14.
(Mare the Lade Jambes of Appeal.)

EN PASTE PICARD IN RE PDX AND HENDERAON, BANIL•

HU PT/.

At the conclusion of the argument is ibis matter, the
Lord Jarice Koiuht Bruce said the court would endeavour
to dispose of the maw before the vocation.

(Bofors die Master of the Rolls.

WOOD O. reorrittgo.
The object of this .nit was to invalidate a gift by the
demisted intestate, a Mr. Wood, in favour of his housekeeper
It awaited that Wood carried on bueinswi at Bull, where
he lived separately from his wit.. 'the daughter of his fore-
man Ives hie housekeeper, sod in the begiobieg of July,
1856, Wood collected all the outstanding *mounts he could,
and gave the proceed& to his housekeeper's brother
upon trust, as was alleged, for the young lady
benelf. A week or two alter this Wood died io-
tretate and insolvent, and the plaintiff, his widow, contended
that the trout of the mossy was for the hereto.) himself, and
not for his housekeeper, and Impugned the gift as being
in violation of certain lauses in his marriage settlement.
The court held that the gift was valid, rubject to the effect
of the settlement, es to which en inquiry was directed.
Mr. Palmer, Mr. Selwyn, Mr. Figleit, Mr. Homptiry, and
Mr. kLawl arpoared in Use awe.

(Before Vice• Chancellor Sir B. T. Kindersiey.)
lONOSIVIID T. SWINY0111).

This bill was tiled foe the purpoe of obtaining en itjusio-
lion to restrain the defendant from promentieg en sotto@
which he free colum.soed againat the pl.intiff for • breech of
covenant to keep up • pole, of imams.» for 2,0001. Plain-
tiff formerly carried on Int-farm et Bow. common, in part-
nership with a tros•in-lean of the defendent. That partnership
was dissolved in 1836, and pleintd agreed to take the wets
of the arm, and pay the debut, and pay to the defendant •
sum of 4,2791. 17.. fid. Ile else covenanted to pay the pre-
mium. on • policy framing 2,0001. on his lite. In 1867,
Onto iff having then paid only about 1,8001. of the debt thus
to the dektidant, ascended payment, end at • wetting of
creditors it was resolved to wind up the concern under in-
spection. Defendant, among other creditors, executed the
' deed, and bad reoeived the dividends payable under it. The
deed provided that the estate should lw wound up as under
bankruptcy. After his Way plaintiff eurrendered the policy
to the office, and took our a fresh policy, end &fondest com-
menced an salon &enlist him to recover damages for breach
of covenant, which it wee now caught to restrain. The
geention turned on the construction of the deed.
Mc. Beeey end Mr. Wickens appeared foe the plaintiff;
Mr. Glees. and Mr. Steve& for the &Liedtke.
The Ifitn-ChnsocUor reseeved his judgement.

COURT OF QUEEN'S BENCH—JULY 14.
Mins at NW Priam is Loadoz.—(Betas Lard Chief Jus-
tice Cockburn sad s Bp.dal Jury.)
°RUMS V. TURVVR.

This eras ea action for the alleged infriegement of a patent
taken out in Idey, la i 7. The plaintiff, Mr. OriMte, is a
cook and confectioner, carrylog on Maims. in the High.
area, Camberwell, sad the decedent keepe• depot is IM
Duver•road for the ,ale of mechanical spparates. The patent
was granted for an invasion whereby the old mods ed
whipping or hewing eggs and other materials and fluida war
Featly improved upon.
The decadent pleaded ant guilty, sad thee that the In-
vostion of the plainutl was sot sea ; beada, that it wee sot
pamerly apt ceded.
Ana the ere had orespied the ounce a Feat port of Tues-
day sad • grass part of yeetard. , the jury bound 10f the
plaintiff. suelest is piles i
Mr. Bove., Q.C. sad Mr. Hed:mesh repreeented the
gialatiff; Mr. M. sails, QM, sad Mr. Sumner the ds-
sat.

With thla awe tertathated the tiallaga ; the Lek battens.,
sot laving Wm lardy exhausted, far dare Ira wet We)
*told Jag and s doses ausamaJery meat

prayed that the probate castle be nrreked, on the ground
that his mother was dosieged he Frame, end that her will

wee invalid by the French law.
Mr. H. Macaulay, Q.C., Dr. Addeme, Q.C., and Mr.
&open appeared for the Plaintiff; the Solicitor-Gener,d,
Mr. G. L.Ttnesell, and Mr. D. Drown, for the defendants.
The deceesed's husband died Is 1812, leaving her with an
theme of about 1,8001. a year. She had three children, the
plaintiff and two daughters, Mrs. Lowe and Mn. Chamfer.
She Ina in the habit of travelling shoat • good deal on the
oontinent ; but in 18.55 Dr. Crookeeden purchased • smell
estate iii Deane& In the following year Mrs. Crookenden
made arrangements with him to build her a house coneistieg
entirely of • ground Sloe, in order that she might be spared
the, trouWa of going up stake. In 1967 she cme to Eaglet:A
for the purpose or making her will, in consequence of the
decision of the Privy Council in " Freemen and Bremer."
The will was made partly under • power of appointment, and
by It the deceased divided her estate amongst hen children.
but directed various rums which she had advanced to Dr.

ifsmiMtss, and represented two promissory notes of a
Mamma pounds seek, to be deducted from his share.
The court reserved its decision.

COURT OF BANKRUPTCY.—JuLy 14.
(Bean ) r. Coominkrar Foss.)
IN RI RICHARD.

The bankrupt—whowee discrit;l-7-1; a coal merebant
of Camden Town, Kensington, Klngston-upon-Thames,
Chatispouss, Kungerford-wharf, and other placer—applied
for a certificate. The accounts have been frequendy pub-
lished.
Mr. Lawrence said the bankrupt wished for a first clams ore-
acute, but be feared the nature of the came was such that
be could sot apply for one higher than the second clues, and
If his honour granted that ha would be pursuing a come
cosmonaut with what he believed would be the °pinto's that
Ni. Commissioner Evans, to whom the case properly be-

lamed, would form upon iha cam. . .
His Honour said the bankrupt must be content with a
sowed class certificate.

Granted accordingly.
tat RE TER GENERAL SMELTING CO (Litman).
A sitting was held fue the purpose of settling the hat of
oontributortem in the above company, which was formed for
the manufacture of nickel by a peculiar precast, and is in
the course of being wound np. Nothing of public interest
transpired. Several names haying been placed upon the
lint, the proceedings were adjoarnd.