The British Press; or, Morning Literary Advertiser.
London, England, 1825-05-03 00:00:00

THE

PRESS.

A PPRAL.
HOUSE OF LORDS, lelowDAT, BIAT 2.

obnirx v. THELECSON.
Mr. PRESTON was this day heard at length for the heir at law,
who seeks In set aside the will, on the ground of uncertainty in the
meaning of expressions used .in the will. In this case, however,
the only question directly at issue lies between a great grandson of
Peter The!limn, the testator (i. e.) a son of a daughter of George
The;luso". who was the third son of the testator. The former, who
is the appellant in this ease. claims to be comprehended within the
words of the will, " eldest male lineal descendant," while the latter
contends that the female line, and all the male issue of a female, is
completely eacluded ; and consequentl7, that the right of presenta-
tion in issue between :hem belongs to hitn.
The heir at law (by the SocrolToll-GENERAL and Mr. Pars.
TON) contended that in this uncertainty he is entitled to the pre-
sentaticm, and Mr. Preston impugns the whole will on the rules of
countiction of law against perpetuities, which in this case he con-
tended to be invaded, because the property is not to vest instanter
on the death of certain lives named, but is postponed until the detest
male lineal descendant shall have elected which part he would
take; for which purpose the law gives him his whole life.
Mr. Sit Amy E t.r. was then heard in reply for the appellant.
The Lean CHANCELLOR then stated to their Lordships the
question at length. and concluded by proposing to their Lordships
to put two questions to the Judges—the first of which went to
ascertain whether male descendants of the first son of the testator
through a female branch (supposing snch was the cue) could in.
bent ; and secondly, whether a male descended through males,
could nominate to the living if under age.
These questions must be put as legal ones, as if no trustees in.
tervened ; tor the Judges will not give their opinion upon any case
in which a trust is stated.
The Judges will-give their answer on a future day.

LAW IXTELLIGENCE.

VICE-CHANCELLOR'S COURT, MONDAY, MAY 2.

ANNE VAVGHAN V. SOUNDBY.
Mr. Rlc ITARDS moved that, upon the coming in of the answer
of the defendant, he might be ordered to re-transfer two sums of
stock of HOW. and 204.1. odd ; that he might be ordered also to pay
several accrued due dividends thereon to the widow,lllrs. Vaughan,
and that a receiver might be appointed of the real estates. A
gentleman died. leaving all his property. real and personal, to two
gentlemen, in trust for certain persona; a Mr. Soundby, with
another gentleman (who took an active part under the will), were
the trustees; 111 r. Soundby died without leaving a will, and the
present deft ndant, Mr. J. Soundby, took out letters of administra-
tion to him, by which he became maimed of all the effects of the
eeewted Mr. S. In his answer he admitted that he bad paid all
the debts and testamentary expenses, &c. of the testator, with cash
that had come into his hands; and the bill charged, that he had
improperly got transferred to his own name, and sold out the stock
in question, which this motion called upon him to re-transfer.
Mr. Gan a ATT appeared on the other side. He did not object
to the receiver, but as the bill charged that his client had sold out
the stock, he submitted the present notice of motion was not cor-
rect, as he understood the course of the Court to be, not to order a
re-transfer, where the stock was not in eese, but toonier the amount
of the stock to be paid into Court-
His HoNou a was not at all of this opinion. The answer ad-
mitted that he had got the stock transferred to his own name, and
whatever he had done with it afterwards, the Court would consider
him still in possession of it. His Honour wished to know within
what time the re-transfer was prayed ?
Mr. RICHARDS mentioned a fortnight, if the Court did not
think a fortnight ton short a time.
His HoNorn considered the defendant entitled to no indulgence
whatever; he had conducted himself most disgracefully, and
therefore the Court made Me order.