The British Press; or, Morning Literary Advertiser.
London, England, 1806-08-19 00:00:00

LAP. INTELLIGENCE.
(BURT OF CHANCERY, I.m:out's-Ins, linsurr 111.
Afore the LORD HIGH CIIANCILLOR, and His Ho.
sour the MAstea of the 'ROLLS.

•JaCILL V. MACNAMAKA•
This being the day appointed by the Lord Chan-
cellor for pronouncing the final judgment, in this
ease, his Honour the Master of the Rolls, who tried
the cause along with the Chancellor, attended for
that purpose.
To go Into a general statement of the various
transatlions between these parties, or the arguments
of Counsel on both sides, would greatly exceed our
limits; hut we think it neceseaty to give a short
sketch of the case, before we proceed to state the
final judgment
The Plaintiff, Frances Purcell, spinster, by her
bill charged• that she, together with Margaret and
John Put cell, were the only children of john Pur-
cell, Esq. deceased, late Deputy Governor of the
Island of Tortola, who, being pesse.sed of consider-
able estates and property in that Island, devised
the same to his son, John, for life; and, in case of
lawful tsetse, in fee, but, in failure of issue, to go to
his sisters fot life, to their issue, • or, in case of fail-
ure of issue, to them in fee. He also, among other
things, bequeathed a legacy of 14..1001 to each of
these his daughters, leaving Dr. Mecnemara,
the uncle of the Defendant, with other Gee-
tlemen, his ' executors, and appointed the for-
mer gentleman the' gUardiati of 'his said child.,
ten, then minors. Upon the death of Dr. Mac.;
samara, the resent Defendant, from his inti-s
micy with the Purcell family, became the manager;
of their fortune, and rrenseeled all their business.
The bill further charged, that the son, John Purcell,
who is since dead, being a young man of very weak
intellects, and imbecile habits, was witch inclinvd to
folly and dissipation, and was pa, ecielerly partial to
the use of spirituous liquors, in all a hich he was in-
dulgiA and encouraged by the Detendaer, who ad.
'sliced him large sums of motley to setisty his dissi-
pition and extiavagance. till he became so habitual
drunkard, that to this his death was chiefly attri-
butable. He had married very young, hut had no
ehildren, and was cepasated from his wife till his
dea:b, when the estate became wholly vested in the
Plaintiff and. her sister: I'he Defendant also ad-
vanced sums of money to vie Plaintiff and
bee sister, but nothing like what was stated
in 'hit icecastts. The bill farther charged, that
Defendant's payments to them were in such
Mall and scanty sumo, as were scarcely sufficient to
support them; and that, by threats, and keeping
dolt in a stets of absolute want and misery, tie
Gardoltotly compelled them, at different times, to
execute &eds. by which he not only secured to him-
self the sums be had advanced for them, but bound
them to_ guarantee the payment of the several sums
be had advanced tothely brother to feed and support
him in his extravagance and dissipation ; and. in the
end, prevailed on them to make a' absblute convey-
ance of the vehole of their property to him, by which
they became entireily dependant upon kis bounty,
and were reduced to the utmost Want and misery.
The hill, after various other charges relating to mu-
tilated books of account, and alleged fraudulent
demands against the Plaintiff, prayed, among other
things, that these deeds should be set aside as frau-
dukat that an account might be taken before the
Ma r. &c.
Dakeldlaat's answer to this bill contained an
et wises trassaetions between these
parties, stating that he was their only friend and pro-
letter; that their turn for extravagance and dissipa-
lien WAS without bounds; that he edvanc id large
sums of money to them nut of his own pocket, mere-
ly through friendship, end frequently to rescue them
frour a prison, where their unaccountable extreva-
hgame would constantly have plunged them. but for
is kind irterference. Tee wnele of their prtyiity
was valued at about 30,0001. need it wohld be s,!•:n,
upon al investigation et tee a: venire that he lied
silsseced t • them upwards of 41.,0010'. and leaving
a large handy of les van, he teat it his duty to secure
the ref eyswnit of those advances; amt, ender these
eiteurratances, the deeds in question were executed.
Me denied fraud. railluvon, eke &c.
'lbis cause went through a very long and able
discs-sinn before the Late Lord Chancellor IF.ldon)
*tie after laming been occupied fei same days in
hearing Ceunsel on both sid s, decreed that the
deeds should all be set aside, t ..t an account shoild
be taken before the Mister, sic. ate ilk.. A very
fee dill after the present Cieeiceilor first sat in Lin-
co!n's inn Hall. a Petition from the Defendant was
presented to hen, praying* to-heating of the Cause,
and it again clime beim. the Cows, %hen the Lord
Chancellor called u ien the Mister of the Rolls, for
his easitance, an several days hail; taken up in
heating the SolicittraGene al, Mr. Flarr, and Mr.
t 1 gar. f the Plaintiff, and Mr. Fonbi.snquc and
Mr. Thompson. fur the Defendant, the InrA Chan-
teller appuinted this day to pronounce final
jadement.
The Meri of the Rot es, who first proceeded
to give his judgment, observed, that, after the able
discussion which this question had gene through, by
tee gentlemen of the bar, be did not think it neces-
sity to preface his opinion with many observations
apes the various traileactions between these parties.
The Plaintiff, Frances Purcell, had, by deeds.
pledged er conveyed the whole of her property to
the Defendent. blecria.nat this was elf& td
to hive been done io seeLfy a large • deet.
laid tr, be due to the Defendant; by her bro-
ther, heisel,f, znd her sister Maiga:er. It appealed,
that hut a small part of that debt was due by her
and ter sister, but chiefly consisted in advances
made to het brother ; and to pay his debts, terteitily
did not et-include the validity of the instrument, as
against her; nor was ie binding on her, except as to
that past of thi debt 'disc by herseit. It was said,
that these deeds ;sere obtained by an abuse of coo-
pence, and in breach Of the situation he stood in to
▪ the •relative situation of these parties to
each e;her, u All to be collected !tom the edmi..ion
41 biid.g4,rt Purcell. and from other Lees in the
us-. At the time of the death of lat. Macnernara,
Ilan Defendant 'elk upon him the gtardienseip of
knis'n,• ; a great degrce of intimacy fork pl ice,
le ;re; red them with confidence and lei-nslsn;p,
and astiated tamto t, e turn tut at his abilities. lte
ae Dafesdent, said, he di' 1 a ir ko.ser they had met
cabernet
friend 4 this eon e•re. tut h:eseilt ties
we
-0111 d ISM *ink `4ll ;bele Zeit •
•• endi elan their

. :