The British Press; or, Morning Literary Advertiser.
London, England, 1805-11-16 00:00:00

DUKE OF GLOUCESTER.

The fnllnwine is a correct Copy of the !age W.II and Testamer t
of late &flat I.ll,fhneet the IPuke of Glouceiter, Sc. a.

pTO . at .
William Henry, Duke of (a!tineentid, do 'mike this my
hay will. and teseaperir Flawing henrtofore raii•A • sou t
to be made in St. Ciienrite'r Chapel, Witieuir"C'alitie, I do here-
by declare, that it is not my desire that my body should he
depeit:d in that vault, in preference in any oilo r that man
be thought rupee; and I do earnestly triune, that my hod,
may not he "lie iril after my tewasitt sod in reennd tbat,
since the mak.itic of any fur net will of wills by rye, circum-
stances have:oaten to male inc Walt another arreieeniout
were proier; therefore 1 'ire ti Mane, Dtletl2,4 of (Vain
cater, all net tonameatn, par ir.ohorieia, arta . I
other matters and Cling% what...ewer, heiimeintg to her tier-tie,
for her own absolute toe, for e'er; and I flatter my-elf, mid
hope, that she may he comiii.,t I AF the King in like 11141i1O-:
111 the Duchess of has hero. I give awl heeilieil,
all nn malt a,i t eiTecen, of what nature or kind meirer, which
!Mal. d epionzniied of, Or 2OPllPtiltilto (s•stij t tit- pay 'wilt
"i wyd. btu), unto thy son, Prince Wm Frelenck, and ma
darr.t7r, Princely S iyhia Mati.da, sinus and .ham alike; and
I do hereby appoint Loot saunter and er•teritifitt of this Ivy
will; and I Inueby revoke all burner will and by me
heretofore matte. In • itnes• • hereof, I hare, to thin my I int
will and tatament, set my kind arid seal, tint eighth day of
July, me thousand seven laundr.wl and timely one.
WILLIAM lIFNftY, I S.)
Signed, s-ale,l, pindediad, and by the toil
Willison floury. Mike of Cilonrenter, 114 .04
cot will awl mi•roictit, in the rewriter of
hn pawns-, at hi. ',quest, and its the presence of euell
other, have tularcribod OUT U• 0124 24 WIPIVII,A
WILLIAM hARKI.F.Y.
J011:4 KNIGriT.
EALLOWHOWN.

The fl,from, Gs now, faun Yarmouth. is taken,
and carried into Calais.
The COPPII ww.l sloop of war, from the None, is ar-
rived in the Elbc.

The Brilaa..li v, of London, was all well
on the 22d of May. round Cape I ; .he was in-
/wined at the war. Three or four vessels wale de-
tained in port.
The Driern4,e, Aalt I Ell, from New-York, for
Amsterdam, is detained, and sent into Portsmouth,
by the
The Bettop, Oucurow ; and the SaPy,l; ALLIIITTI
vi Liverpool, are condemned at Surinam.
The Expedition, which lately sailed from the
Downs, was seen off the Texel, nn the 10th inst.
on its way to the place of destination.
A liver from the West Indies, dated the Sth
Eept,Nnbet, states, that an American had just ar-
rived from Martinique, with an account. that off
the coast of Portugal, he had been brought-to by a
division ot French ships, consisting of three sail of
the line, four frigates, and two brigs, who informed
Lini they were hound to the West Indies.
Private letter; from Holland, uf the 11th instant,
were received on Thursday. They mention, that in-
telligence of the viClory over the Combined Fleets
had reached Rltterdom from England, and bad
caused an uncommon seasation. One letter, in

particular, mentions, that information of this im-
ortant event had also been received from Paris.
the writer says, " It is ascertained here, that a se-
vere action has, at length, been fought, between the
English and the Combined fleets, off Cadiz: all
that we hear on the subjeil is, that ten sail returned
to Cadiz, not being wanted in the m!tion !!!"
General MACK, whose late conduct (which we
trust will be rigidly investigated,) has been so much
the topic of animadversion, has never, on any occa-
sion, signalised himself as a military commander.
If he possess any professional merit, it is as a dis-
ciplinarian ; in which be is said to be a inereMartia. /
the Hero of a Rroin:. He was thought somewhat
of an adept in diplomacy ; and, in one of his mis-
sions to this country, last war, was complimented
irh a present of a valuable sword, catch, together
with that bestowed on Lord Hisses:. makes an item
iu the extraordinary expenditure of the civil list, of
17311. 101.

• • •
LAW INTELLIGENCE.

I

COURT OP Cli ‘NCF.RY, Nov. I:,
WHITE r. WILLIAMS argel °Turas.
This WAc a hill tiled in th' Court of Chancery in
the year WI, by the Plaintiff. against the Defend-
ant. and Messrr. Manley, Cohan, Roebuck, and
others, at trusteos of the estates, plantations. and
effi,as in the West Indic., id. William lVhite, de-
ceAced.

The ease, as stated by Mess►s. Ricusrins and
Ansa. Counsel fnr the Plaintirf, was, that in the

year 1779, Mr. William White, who was then in
partnership with Mr. Elwardi, and Mr. J. White,
his brother, finding the affairs ot the partnership
very much embarrassed by debts, made over, not
only his own estates, plantations, trade and efffEls,
with the management thereof; but also those of his
partners, to the Defendants, in trust, for the pay-
ment ot the incuirilmmces The trustees were to
continue in office for the space ot three years; ar the
expiration of whlls, it was calculated, that the whole
of the debts, amonnting by estimation, to 45.0001.
would he finally liquidated; or, it not, certain estates
were to be said off by them for that purpose, and :he
remainder•pahl over to Mr W. White, or his heirs.
It was stipulated, that while the trust continued,
certain annuity should he paid to Mr. IVilliam
White, and of 4001. a year to Ilr. lnhn White ; in
his default, ro his wile, for the support of herself
and family of nine children ; and in default of her,'
to be paid for the benefit of the children. The
Learned Gentleman farther stated, that no arrange-
ment having been made in the course of the fns
three years, the trustees continued, ever since, in
the manazement, sod, till the year I 811, continued to
pay Mrs..l. White her annuity, after the death of
her husband. They had appointed Mr. II illiam
White their agent, for the management of the con-
cerns, three or tour years ; but, on the ground of his
not managing the business Adviststagennsly, they
afterwards recalled, a•id sent another to succeed him.
In the mean time, Mr. White also paid the debt of

nature, and, ha% i ig no isvie himself, his nephew,
the present l'laitititl, Mr. R. White, became his heir
at law. This gentleman (being of age in the year
inOt ), finding hi:nself of age, called upon the
Defendants, to let him insp.% their accounts,
hat they replied, that a partial inspeetioa of them,
here and there, could be of no use to him ;that

they sad no objesclion to give him a copy of the
accounts, but that he must employ an accountant
for the purpose himself, as they were so volumin-
ous in tile course of so many years, that they
could not spare their own clerk to perform it. When
he hint< d at all iil,lllSlig/41011 of them in a Court of
Equity. they, or sonic of them, dissuaded him from
doing so, observing, that it would require twenty
yeart. end an expellee of 10,0001. to have them ex-
amined into in a Master's Office. In some time
after this, and in the year 1801, one of the trustees
wrote to Mrs. J. White.- still remaining a widow,
that the trust had received a notice from the Plaint-
iff. that he considered the trust to hive been by that
time completely fulfilled, and that of course the
estates and plaiitatious now belonged to him. The
letter adJusl, that, catisecinently, slue must sen longer
draw on them for hi r annual allowance, as the Plaint-
iff was the fittest person to support his mother.
&ace that time, the annuity was aiscontintiel, and
• lie lady left without any provision for the support
of her family. Subsequently to theft 7nce-ding%
Cie Plaintiff received a notice from the ti ,s tees, thet
ever anxious to do what Was jts r, they were deter-
mined to have their accounts cleared in a Court of
Equity. The.Cotinsel further stated an admission
on the pin of the Defendants, that the Defendants
during the 26 or 17 years they had remained in
trust, th^y received an account of the said trust
sums to the amount of 15;3,0001.
The statements made of the various branches of
these accounts, and their application, are el.trerriely
intricate, tedious, and volumitious ;, aid in this
es-psott state of the proceedings, we should no:
think ourselves warranted in repeating the argu-
mmts and comments of Counsel in the condo& of
the Defendants, and the hardship of depriving this
family of die I...Toni:try means of maintaining them-
selves through all the dilatory and expensive pro-
cesses to which they were likely to be subjeeled.—
Utley admitted, that they could not be prepared for
encountering ageneral account of all the transac-
tions of a Colonial trade for such a series of years ;
but submitted, that they had made out sufficient
ground fur inducing his Lordship to order immedi-
ately. that Mrs. White should be paid off Lite ar-
rears of her annuity, and that the Defendant should
receive from the Trustees an account of the dif-
ferent sums they had received for the trust, with
the manner of their appropriation; and that, should
his Lordship think it proper to do so, the different
balances remaining in their hands, should be paid
into Court.
This cause, with the speeches of Counsel upon
it, and the reading of such parts of the Defendant's
answers as it was thought would make in favour of
the Plaintiff, occupied the whole of the day.
ATTOILNEV-GILNLRA L. Mr. Houtccr, and
others, are employed for the Defendants.

COURT OF KING's.RENCH, WL5T111,461.1.R, Nov. 11.

'I he Cou:t was occupied, the greater part of the
slay. upon law arguments.

SHARP V. OLAD6IO,M.

_....... _ _
This was an action for money had and received
upon a Policy of Insurance upon freight, the ship
rises, from Petersburgh and Elsineur, to London.
The cause was twice tried before, and argued last
term at great length. There had been an abandon-
ment by the Assured, to the underwriters, upon ship
and cargo, an I the epiesti,in w 4% whether the un-
derwriters had a right to make a deduaion of cer-
tain charges fro•ro the total loss.
Mr. PARK, for the Defendant, argued the case
at great length. The ship in question had been de-
tained at Sr. Petetabitrgh, by rider of the Russian
Government, the captain and crew sent up the
country. and the cargo taken out. This detention
not being of any hostile nature, they retained to the
ship, and a great part of the cargo was 3e.r.liipped,
assd some other goods put on boatsl,to load her com-
pletely. In the mean time, the assured had Aban-
&used het to the underwriters, Andon the ship's re-
turn to England,the Captain, who was a part owner,
made various charges for occurrences during his

• .
• !. . .
absence, himely, wages and provisions for this crew,
during their detention and voyage home ; post
charges and freight ; wear and tear of the ship dur-
ing the vintage, ikc. 'sc. All of which, the Learn-
ed Counsel contended, he was not entitled to claim,
as against the. underwriters; in stlppuil of which ar-
gument, he recited several recent cases.
The Sotscirqx-Genertar., on the other hand.
admitted, that the total loss had been paid by the
underwriters, upon the abandonment of the ship and
cargo to them; hut, twin that moment, they only
became interested in her ; if the ship had been
lost, this question could never arise, and, at all
events, the Plaintiff was entitled to salvage. The
voyage home was on Account of the underwriters
solely, and they were bottnd to pay these necesary
expenditures.
The Court considered, that whit had been done,
and the expenses which had been incurred, were for
the benefit of both parties. The ecpences of freight,
wages, and provisions, during the detention and
voyage home, and port charges, should be allowed.
Their Lordships therefore pronounced judgment
for the Plaintiff as to these points. The specific
amount to be referred to J. P. !tanker, Esq. for his
award.

...

HICKS V. CHATTERI.V.

Mr. CLARKE moved the Court, that the Defend-
ant in this case might be discharged, upon filing
common bail ; and that the Plaintiffs might be ob-
liged to answer the matters of an affidavit.
The Plaintiff was an Attorney of the Court. and
bad brought his affirm for 2001. against the DJ-
gendant, for holding a tortinus possession. Upon
which. he mad.. an affidavit of the debt, and caused
the Defendant to be arrested for the sum of
This tortious possession, was the withholding of the
key of a hall d. rof premises that the Defendant
htd no right to deliver up, upon which the atlion
was brought.
- The Court granted a Rule to :hew caaie, upon
the whole 1)f the application.