The British Press; or, Morning Literary Advertiser.
London, England, 1826-07-19 00:00:00

VICE•CHANCELLOIVS COURT, TurepAY, JULY 18.

.
GOBLET V. neecutv. 1
This east, which respected the construction of a will, came on I
Mr the farther hearing of arguments.
The testators who had been a sculptor, In a codicil to his will,
left to one of his Mends R beouest in these words, " all my mods",
by which (as he expressed to a orison who was present at die mak-
Ink the codicil) he meant " all my models." The questions for
the Court to decide were—the meaning to be attached to the word,
or abbreviation, " mod.", which on one aide it was contended meant
mouWa," on the other " models.;" and also the admissibility of
the evidence of the witness above referred to respecting the Inten-
tion of tht testator, When the matter had been previously before
the Court, the Vice-Chancellor, on account of the novelty of the
ewes had directed Counsel to search the books for any przeedenta
that bore upon it.
In support of reception of the evidence, Mr. SHAPW ELL cited se-
veral cases, admitting, however, that they were not directly in point ;
on which account Mr. SUGDEN contended that such evidence could
not be received, as it would be in a direct violation of the prow-
atoms of the Statute of Frauds.
The arguments of Ccunsel having been concluded,
The V ICE-01.1INGELLOII said that when threw had formerly
been before him, he had entertained a suspicion that no direct
authority could be found bearing upon it. He bad looked into
the books himself, and (like the search of COMM! with the same
object) had failed, as he had apprehended he should, in finding
any that could goveni him in his decision ; he was reduced to
the necessity: therefore, of deciding upon principle rather than
upon authority. According to the Statute of Frauds, every will
must. be expressed in writing. That writing might either present
difficulty in an attempt to decypher its letters, or be ambiguous in
its expressions. In one case, the evidence of persons skilled in
penmanship might be called in tor the purpose of explaining the
meaning of the written characters; in the other, proof might be
.obtained of general and oft-avowed intention. In the present
case, however, the question was, whether evidence should be
received of what the testator declared WItS the meaning of the
hieroglyphics he had used at the very time of his writing them. In
bis opinion, to receive such evidence would be a clear admission of
parole testimony respectirg that which the testator said he intended
to bequeath—would be clearly in opposition to the Statute or
Frauds, and would let in the very abuse, to provide against which
that Act was specially intended. lie was, therefore, clearly of
opinion, that this case should be referred to the Master. to ascer-
tain what the testator meant by his written will, and for that pur-
pose to call to his aid the judgment of persons skilled in penman-
ship to decypher his writing, and also the assistance of persons
acquainted with the tools and articles used by mammies to explain
what the testator intended to have expressed by the word " mod."

INSOLVENT DEBTORS' COURT. •
Yesterday morning the Chief Commissioner presided, to adju.
dicate upon cases which had been adjourned during the last sittings.
The list contained the names of 27 pet.tionets, several of whom
stand at opposed cases.
The (shoeing persons were discharged without opposition, viz.:
—John Capner. James Treeby, William Cock, Duke William
Stone, James Mostyn, Thomas Slater, John Warwick, Mails
Csa, William Williams, Ann Marsh, and C. Vincent.
Scream' cases were further adjourned sine die.
Diroly IlenJleim, who has repeatedly been before the Court,
was brought up for final hearing.
• The insolvent, who had been a merchant at Ilarnburgh a
ndnd Bir-
mingham, was opposed. In all the stages of this . Mr.
Mandl, on beliail of several authors.
It appeared that the insolvent had within a short time contracted
debts to a very considerable amount, and that opting to his books
being. a, he alleged, in the hands or under the control of a person
mimed Serous, he was unable to give any other than a vague
tsceount of his affairs ; hence the hearing was adjourned from ume
•to time.
Mr. II raTif said, yesterday, that after all the investigations
,kids had been instituted, the books, such as they wero, were at
variance with the testimony of the insolvent; the ( ourt would,
therefore, perhaps, appoint his (Mr. Death's) clients matignees,
and then it would be for them to make the best of the matter in
were power.
Ott; raw lIT granted the application, and the insolvent was or-
Saad i.e dutch:aged.