The British Press; or, Morning Literary Advertiser.
London, England, 1819-05-01 00:00:00

LAW INTELLIGENCE.

-COURT of CHANCERY, Wrsimisinta,
rIIIWAV, A I.ItIL 10.

Befiire leis Humour iht VicE-CiiANcRILLOIL

TIIK ATTMINEY-GFNEII.III. n. tRAV4'FORD.
M.'. lb ALD Sote4l, the. was an ilifoimattioi filed
be his Majesty's Attorney-General azainst the De-
fendtutt, praying that he ought he decreed to cot.),
into effect the intentions of a testatitx, under the
following circumstances the month of Jule,
1790, Peter Calmar, now deceased, executed N will,
by which he bequeathed all his luoprrly, which was
very valuable, to hi. sister, and stir afterwards made
a will, in which she set forth, that knowing. it was
the intention of her derea.ed brother in hare be-
queathed the man of 20,000/. for the peirpose of
loundirg an hospital as a refuge for 'mar 1111:111 sorr-
ow's, she was determined to carry hi+ intentions
into execution, by the means of a separate instru-
ment from her will. This writing, however, was
never drawn up or executed by ker, and the De-
fendant, her residuary legatee, refused In pay the
10,0001. on the ground that the will of the testatrix
was pot sufficiently declaratory. (low that objec-
tion could be sustained, lie (tile Learned Counsel)
was at a lora to know, pant( ulut Iv so after the de-
cision which had been given by boil Chancellor
Eldon in the case of Mill- r. reported in
Ist /1/erivoie, mi an appeal to hi• f
the decision of the late 11.1%trr of the Itolk. Ills
Lordship on that IleellPlllll entered fully into the ms-
ture of charitable bequest+, and in :liuthitg to the
well-known case of the Atturney-Gi neral t.
tiwithr-
day, he observed, that that drt i•ioti 11.1,1 never been
overruled, and he was humid In abide by it. Ile
also stated, that if a noon desist-II af. inn of moot y
to charitable uses, which he after VC4I II tot..toleil to
speedy, but neglected to du so, the Court 11.1.1 the
',owe' to apply the money, by appoild Inv the cha-
rities to be benefited. The same ductiiite t‘as
held by his Lordship on another ease. Ile (the.
Learned Counsel) was therefore satisfied to rest hits
case on that high authority he had glinted.

51r. I'ARKE followed 1.111 the side.
I%!r. FLIRT, Counsel for the Delesidatit, rose to
eddress the Court.
The I'ICE-CIIANCELLOft•—•" There is no neces-
sity for toy hearing you, Mr. Mist, us I am sans-
tied there is no be4llret here to can Inc tilt protec-
non or the 'meth-retire of the Court. fled there
bren a gemral dedication of 11111 l ley or estates to
slitTlfie charity purposes, it %Wild be then proper
fir the Court to interfere, but the ',resent ease is
our of e different nature. lu the cases el-
burled to by Mr. Heald there is a xeueral specific
dedication, but here there is mile. 'I lie tes-
tatrix says site was determined to execute the
intention of her brother by bequeathing thus emu
in a separate instrument, but she slid not du so,
mid them is no spicificsition al the rummer •isi
elliels the charity was to be fousiolcd, not even the
place snetit'oned where it war to be erected. The
Court theitfore hiss no alternative but to declare
that ?byre IN no testionientiny disposition, and there-
fore I dismiss the iiitonsiatiosi."
Mr. Ilaar--•• our Honour dismisses it with
Costs

The VICE•CHIINCFLOR—" I cannot grant costs
ap4iwit the Atiorney-Grocrail—he is it public
officer, and is obliged, from his office, to come
furverird iu all such costs."—lnformatiou dirtniuccl
without coritv.

COURT OF KING'S BENCH, Warrposma,
FRIDAY, APRIL 30.