The Express.
London, England, 1866-06-01 00:00:00

LAW INTELLIGENCE.

(THIS DAY.)

..-...-..

EQUITY COURTS.
(Before Vice-Chancellor Sir R. T. 'Cindersley.)
VIZ BUROPLAII BANK (LIMITED).
Mr. Baily, on the part of the company, asked that •
petition for the winding up might stand over till the first
petition day after term, on the ground that arrangements
for a voluntary liquidation were proceeding.
Mr. Swanston, who appeared for certain of the contribu-
tories in support' of a summons for the appointment of Mr.
Ball as an additional liquidator, objected to the postpone-
ment.
The Vice-Chancellor understood that there were three
petitions to come before the court in the matter of the
European Bank, and that they were all opposed.
The petition will take its place in the opposed list.

COURT FOR DIVORCE AND MATRIMONIAL
CAUSES.

(Before the Lord Chief Justice, the Lord Chief Baron, and
the Judge Ordinary.)
BYTES V. THE ATTORNEY-GINERAL.-THE " PRINCESS OLIVE"

CASE.

The petitioner, Lavinia Jannetta Horton Ryvea, of 24,
Oeorgiana-street, Camden-town, petitioned that her
mother, Olive Wilmot Serra, might be declared to be the
legitimate daughter of Henry Frederick, Duke of Cumber-
land, and of Olive Wilmot, his wife. The Attorney-Gene-
ral, in the first instance, declined to plead, and left the
petitioner to make out her case as she could, but at the re-
quest of the Judge Ordinary he filed a simple traverse ;
and the cause now came on for trial before a special jury.
Dr. J. W. Smith and Mr. D. M. Thomas appeared for
the petitioner; with the Attorney-General were the
Solicitor-General, the Queen's Advocate, Mr. Hansen, and
Mr. R. Bourke.
The petitioner's case is likely to occupy a considerable
time, but as it has already been published in a pamphlet
it will be convenient at once to give an outline of it as it
is stated by her :
The petitioner's great grandfather was the Rev. Dr.
James Wilmot. He is described as having been descended
from De Villemot, who came over with the Conqueror,
' and as being a kinsman of the celebrated Earl of Rochester.
He was educated at Trinity College, Oxford, by the fellows
of which lie was presented to the valuable living of Barton.
on-the-Heath,Warwickshire, which he hell during his life,
together with that of Aulceiter, uear Ragley, where he
became the intimate acquaintance of the Earl of Hertford,
the ancestor of the present marquis. Dr. Wilmot con-
tracted a private, but legal marriage with the daughter
of Stanislaus, last King of Poland. Of this marriage,
one child, a daughter, was the issue. As she
grew up, she attracted much attention, in conse-
quence of her beauty and accomplishments. The position
of her father at court made her known to the royal family
and to the principal nobility, and a noble earl actually came
from the continent for the sole purpose of making pro-
posals to Miss Wilmot, but she had attracted the notice of
of the Duke of Cumberland, who demanded her hand. It
is alleged that Dr. Wilmot had married (twice over) the
Prince of Wales (George III.) to Hannah Lightfoot, and
that the following certificates arc still in existence :
" April 17th, 1759.
" The marriage of these parties was this day duly
solemnised at Kew Chapel, according to the rites and
ceremonies of the Church of England, by myself.
"Witness to this marriage, " J. WILMOT.
" W. PITT. " GEORG! P.
" Ana TAYLOR. " HANNAH."
" May 27th, 1759.
" This is to certify that the marriage of these parties,
George l'rince of \Vales to Hannah Lightfoot, was duly
solemnised this day according to the rites and ceremonies
of the church of England,at their residence at Peckham by
mys. If.
" Witness to marriage of
these parties, " 'WILMOT.
" WrtuAst PITT. "(E.HIGR Gt.ELrH.
" ANNE TAYLOR. " HANNAH LIGHTFOOT."
There is a further certificate of Dr. Wilmot, as follows:
"I solemnly certify that I married George Prince of
Wales to Hannah, his first royal consort, in the year 1759,
and that such royal personage departed this life, Decem-
ber the lst, 17-4, leaving issue two sons and one daughter,
lawfully born in wedlock.—(Signed) J. WILMOT."
It is, therefore, suggested that George 111. consented to
the marriage of hie brother to Miss Wilmot, at the house
of Lord Becher, in Grosvenor-square, as set forth in the
following document :
" I lierebycertify that I married Henry Frederick, Duke
of Cumberland, to Olive Wilmot, March 4, 1767, such
marriage having been duly aoleninised according to the
rites and ceremonies of the church of England.
(Signed) "J. WILMOT.

(Signed)
"C;EuRCE It.
" CHATHAM.
" I witnessed such marriage.
(Signed) " WARWICK."
It results therefore that the subsequent marriage of his
royal highness with Lady Anne Horton on the 2nd of Oct.
1771, was bigamous. Olive Wilniot was delivered on the
3rd of May, 1772, of a female child who was at once pri-
vately baptised by Dr. Wilmot. The following documents
referring to this child arc said to be in existence :
" April, 4, 1772.

"G. R.
" Whereas it is our Royal will that Olive our niece be re-
baptised Olive Wilmot, to operate during our Royal plea-
sure.

" To Lord CHATHAM."
" We hereby certify that Olive, the Duke of Cumber-
land's infant, was re-baptised, in onler that she might pass
as the child of my brother Robert Wilmot, and that such
child was entered in the Register of St. Nicholas's, at War-
wick, as Olive Wilmot only.
(Signed)

" J. WILMOT.
" Roar. WILMOT."
" We hereby acknowledge having received to our joint
protection Olive, the infant child of the Duke of Cumber-
land, April 4,1772.
(Signed) " WIRT. WILMOT.
" ANNA IfitHlA WILMOT.
" 'Witness (Signed) "J. WILMOT.
" WARWICK."

" May 1, 1773.
" I declare the Duke of Cumberland's marriage with
Olive Wilmot to be legal, by command of the King.
(Signed) "J. DUNNING (Lord Ashburton.)
" Witness (Signed) "J. WILMOT."
It is alleged that Lord Chatham agreed, on behalf of his
Majesty, to pay the sum of 500/. for the maintenance of
the infant ; and the following attestation of her legiti-
macy is produced :
G. H. " May 3, 1774.
" In the face of Almighty God, we, the undersigned,
solemnly certify that hie Majesty gave his royal command
that Olive, the legitimate daughter of Henry Frederick
Duke of Cumberland, by Olive, his first wife, should be
re-baptised as the supposed child of Robert Wilmot of
Warwick, to save her royal father, who had committed
an act of bigamy by marrying Ann Horton.
(Signed) " J. DUNNING.
"J. WILMOT."
It is next alleged that the King created the child
Duchess of Lancaster by the following instrument :
" GEORGE IL . . .

" We hereby are pleased to create Olive of Cumberland
Duchess of Lancaster, and to grant our Royal authority
for Olive our said niece to bear and use the title and arms
of Lancaster, should she be in existence at the period of
our Royal demise.
" Given at our Palace of St. James's,

" May 21, 1773.
(Signed)

"CHATHAM.
" J. DUNNING."
The death of Olive Wilmot is thus recorded by her father :
" I solemnly certify that Olive, my dear daughter, Duchess
of Cumberland, died December 5, 1774, in France, of a
broken heart.—(Signed)—J. WILMOT."
Five years afterwards the King is said to have signed the
following paper :
" GEORGE R.—We are pleased to recommend Olive, our
niece, to our faithful Lords and Commons for protection
and support, should she be in existence at the period of our
Royal demise—such being Olive Wilmot, the supposed
daughter of Robert Wilmot, of Warwick.
(Signed) " J. DUNNING.
" 7th January, 1780." " ROBERT WILMOT."
In the meantime the history of the child is said to have
been as follows :—lmmediately after her birth she was
committed to the custody of Mr. and Mrs. Robert Wilmot,
who then resided in a house called St. John's, at the west
end of Warwick. With them her earlier years were
paned, but in 1783 she became an inmate of
Dr. James Wilmot's parsonage at Barton-on-the-Heath.
Her taste for drawing was such as to give great promise
of future excellence ; and in order to afford her the oppor-
tunities of cultivating and improving it, Dr. Wilmot
' brought her to London in 1791. She became acquainted
with Mr. John Thomas Serres, a painter of marine subjects,
who married her at Barton-on-the-Heath, Sept. 1, 1792.
Of this marriage four children were the result. The two
eldest died young ; the third, the petitioner, was born on
the 16th of March, 1797 ; the fourth, a daughter, born in
1802, also survives. Domestic differences arose between
the father and mother, and in 1803, • formal separation
took place under the provisions of • deed. It is alleged
that Lord Warwick, before his death in 1816, communi-
nicated all the documents to the Duke of Kent, who, be-
lieving his story, executed the following paper :
" London, April 3, 1815.
" I, Edward Duke of Kent, do hereby give and grant to
my cousin Olive, Princess of Cumberland. one-third of
my estates, lands, and mines, situate in Canada, North
America ; binding myself, my heirs, and executors, to so-
-1 lemnlv observe this co*enant. (Signed) " EDWARD.
Witness—WARWICK."

It i; eatedth;t:hi;;;;al highness actually paid her 400/.
a Tear while he lived ; and it is asserted that she in return
raised the necessary funds to enable the Duchess of Kent
to come to England so as to allow her present Majesty to
be born upon British soil. The following other papers are
attributed to the duke :—" I solemnly testify my satis-
faction at the proofs of Princess Olive of Cumberland's
birth, and declare that my royal parent's sign-manual to
the certificates of my dearest cousin's birth are,