The British Press; or, Morning Literary Advertiser.
London, England, 1824-01-29 00:00:00

COC V. Tilt EARL 0? BOYERS.

The SOLICITOR-GENERAL appeared for the Omani]. in this
ketereiftng ease, which emblems a question of much importance,
and which has been long litigated in the Court of Chancery. The
N. James Cox, the plaintiff is the present case, is the second
eatted the present Earl of 8=01; he filed aUM scene time ago
adds a view of establishing his title to certaia estates now to the
mineassion of the family, as being the tenon legally entitled to
*ism. The Non. Plaintiff rested hit claim to there estates on the
'till of Pr. Nash, his maternal grandfather. The case was heard
Wire the Lord Chancellor, and a decree pronounecd upon it. A
Mimi* Act of Parliainent was subsequently paned, confirmatory
off the decree, and the case came on now for a rehearing in cense-
rence of a difference of opinioo that prevailed as to the con.
*ruction of the decree. It appeared that the present Lord
Somers married the daughter of Doctor Nash the head of
a• tort ancient and respectable family in *orcestenhire;
a variety of covenants were introduced into the marriage settlement.
ter the purpose of conveying certain estates from Dr. Nash to his
son-ht-law, Lord Somers. For the sake of convenience, the
uttifea which Dr. Nash transferred to the Noble Earl, and which
Mire subsequently to be enjoyed by his children, might be termed
she Dodder! estates. These estates were conveyed in trust for
Übe see of lewd Somers and lik eldest son; but Dr. Nash being
asturelly desirous of perpetuating the name of his own family,
and of enabling the members of it to support its dignity, deter-
mined to make the second son of the issue of the marriage between
Send Somers and Miss Nash the person who was to assume his
ors came, and thmu,.,• h whom it should be perpetuated. Ile was
Sherefore desire* of bequeathing the DoMerel estates to bins.
However, Dr. Nash found that by a covenant introduced into the
nuenidge settlement, hr could not make this intended apvlication
Offfeleareaten, without tendering an equivalent to the Noble Earl.
hhceetilogfy in his will he made an exchange of the Frenchan and
Dellindten *noes, provided and bequeathed them to the Noble
Harl,provided he, his wife, and their eldest son, on attaining the
Age of 21, would convey the Dodderrl estates to the second sun.
lleted Easton?, who was now the eldest son, was a second son ; his
Mew brother terminated a glorious career by an hcnourable dcath
hi Aire bed, in the service of his country. Of course all the advan-
tages which appertained to the eldest born by his death devolved
optihrthe second con. In the lifetime of the eldest son the convey.
erne of the Dodderel estates was made to the second, pursuant to
ilirdirectionsenntsintri in the will of Dr. Nash. The second son
ibtas.bresme possessed of the Dodderell estates, and continued in
theen)oyment and possession of them after he became by the death
at hi. *miter, the eldest son. Independent of the decree of the
the (limn, this event frustrated the intentions of Dr. Nash, whose
elejeet race to renew,* it were, his own family in that of his daugh-
ter. Those intention, were now quite frustrated by the deco*.
ahem of the estates being merged in the person who is the repro.
ritentative of the fintily.of Somers, and thereby the object of t:tc
!rector in perpetuating the name of his family, was detcated.A
The Learned Gentleman, in support of the claim of the Ilan. Mr.l
Ater, urged the propriety ot attending to the intentions of the
ailkinel testator, and of making a decree conformable to his
*Aims.
Mr. PEPYR appeared en the Intl of Lord Eastnor, and Mr.'
Pion le avow co behalf of the third brother and the sitter. of the ,1
piniatiff. • qltey sd *examine and distress the meaning ell
•the term, of the re"erVof the will of Dr. Nash, and of the Act of
Slealateent The point on which they principally relied sass the
injustice that amid be done to the rights of the eldest eon of I
hard Lamm, if he were not permitted to enjoy the inheritance be-
miesthed to him by Th. Nash, as the son of the second eldest bout
.ef the marriage. It would he found by the will that the Dodderel
austrit were conveyed, not only to the second son, but to his re-
mainder in tail. Now it was manifest. that tits con of the present
Lord F.astnor was the only pecan who could be an recognised,
mod if the propre:y were alienated to another member of the family,
ahem:lst grievous injury would be inflicted on his just ritilts.
The LORD CHANCELLOR hums/void the further progress of,
4* regiment, by intimating that he was anxious of ascertaining
irlirthcr it was pc risible for him to interfere in the case a+ it at pee-
snot +toad. An Act of Parliament had been passed with respect
to tins nee, be whit be was heard. and from which lie ernildnot
deport. anlesa that:Aet were repealed. tie desired that the mine
roirklit stand over until it were ascertained how far that Act of Par-
liament might interims with any decree which be wighe make on
the point at hone between the parties.

WORT OF KING'S BENCH, WEDXrSDAY, JAN. sa

COI/NT FOVT ALI!) V. AoAlen, MVP CO.

Th• ATTOIINtET-GENLIIAL MOW& LIT a rule to slinw nets:,
.hi the verdict for site defendants should nut he .et aside. acil the
r*wrairt entered for the plaimilf. or a new trial had. It WAS an
tion trted before the Lord I !Wel Justice at /:uildhall, and Watt to
unarm from the tl...endants certain Prussian bonds, 'Fledged to
*mu by Ow bruher of the plaintiff; with whom they had been
lOvisril for the purpose of hi% receiving the dividends, on beh:Jf of
tl • plaintiff, and the .Ittorney-General an.tenderl that it war an
disnived maxim of law, 'het ilia agent was not emit:meted to pledge
Osgood,' of his princinai.
1.oR1) tll ler .I.•sr ICIE—But it appeared. r. Attorney-:me-
rot, that the coupons an which the dividends were receivable,
wee: made payable to bearer.
The A TTOMIIEY-fterrltAL—True, my Loral, they were, but
.there was a case before your Lordship not long cgn, with regard to
the pledging of Nscheqiier Bills, which ar.• a much more negncia-
law pcsperty than these foreign bonds, and even there the l'eairt
Ats not unanimous --111 r. Justice Bayley dissenting (mar the deci-
sion of the Court.
,41r. JOSTICE B . —The objection that I had to the
pled gi ng of Endsequet Hills was that there was a market overt for
their tile.

ATTOIMPT OEVERAL—it reei.ely the same t 6 1116
y Lord, the as east own Ming tie stock Exchange.

'The Court, after 1 short consultation, granted the rule for s
new trial
The Court rose at half-peat twelve o'clock, and the Lord Chief
/twice sat at Nisi Prins.