The British Press; or, Morning Literary Advertiser.
London, England, 1805-12-20 00:00:00

LAW INTELLIGENCE.
CouitT OF CI INCEItY, Dac. ig.
••••••-.

ISt 051.111( v. MOSELET•
In this cause, which was or a ser v long and corn.
piitated nature, and occupied the attention of the
Court through the whole of the day, it will be suf-
ficient for us to state as much as is necessary to ex-
plain that part of it on which the Conn gave its de-
' vision. 10 contemplation of a niairiage between a
former Mr. Moseley with the daughter of a Mrs.
koherts, the latter covenanted that, by way of mar-
tisge settlentent, she would, by her last will, he
oh her Lends, houses, hereditament: and estates,
and personal. to Mr. Moseley and his wife, or
survivor of them, as tenants for life ; and after-
' 'rds to their children, mile and female, in the
manner prescribed in the agreemeut. She mad
her will accordingly, and Mrs.. Moseley, hav-
ing survived her husband, was for a shunt time
in possession, and, by her last will, bequeathed
her estates, real ant personal, to Mr. .Sla.sey,
executor, in trust for her son, the Plaintiff,
then a minor ; but sublet to the payns.nt of her
Innetal expenses, legacies, and debts, and ale) the
payernt of so much of the debts due by her late
husband, to Mr. Massey, as the sale of his own per-
sonal estates were insufE. ient to defray. Mrs.
Moseley died in 17156, and in some former oceed-
ins, it was referred to the Master in inquire whether
Oa& Massey was to be charged with interest of the
sums of money which he received, as executor, and
em,slnyed on his own account, and also with the
co is of this suit ?
The cause was argued very fully, on both sides,
by MeArs. IROMI‘S. T. ittCliallaDS. PIGOTT, At. EX-
twist. WEANS' %LI, &c. comprehending most
of the Gentlemen of eminence at that bar. On the
alylicatius made this day for farther instrudions to
the Master,
The Li..RD.CH Ng lELLog , after a very patient and
attentive hear ing • t the case, that he should fere
bear makaig any comments et. the manner hi which
the Defendant hail discharged the duties of his trust.
or eitquising into the motives of his condo:h. It how-
cvs.r cleaily appeared that he bad taken very hogs
sums beicmging to the trust, evt of these co mpetent
securities, under which they were making an in:rest
of 5.. pn' cent. Anu employed them either to his own
or to manner as he thought proper;
it was a so maude.t, tat he n,l4lst have
made the
same iine• est ear. tnero, If he pleased to do so. An
executor, ening iii that manner, syli:•!.!ver might
have been his intentions, did not come before the
Court in Si. favourable a predicament as to he en-
titled to any particular indulgence, without an aban-
donment of its duty, in mon intending the in elect of
iotants He had nn hesitation, therefore, ni direa,
that he should be charged with int..: est tot every
sues t f money, the rents and produce of these e,tates,
from the tittle of his receiving them, arid with
yearly rents fee the computation of the balanci s.
—Having disposed of that part of the case, the
neat question was, what the quantum of that interest
should thew be? It was the general prauicc of that
Crust, where executors had to inquire into compe-
tent securities for the dispersal of money at interest,
and endeavoured to employ it 'to the best advantage,
t' chat ge them with no more interest than at the
rare of 41. per cent. • but, in this instance, though
it was shesvn that Mr. Massey had laid out some
sums Of mute) at 41. and a hall per cent. interest; yet,
as he might have done so only with views of favour
and pietetenee, at the time that he might have
placed them at an juiciest of SI. per cent, and as he
tetaiiied the remaining sums in his own band, the
,Court could not admit that colourable 'hew of em-
ploying the money of the trust to the bast advan-
tage, and he, therefore, diretted. that be should be
charged the full interest of St. per cent.; as to the coats
he observed, that, atter the Court had decided that
this gentleman, as mentor and trustee of the will.
and guard; nof the infita, ought to be charged with
the full interest already directed, it could not, in
equity, make the estate of the infant liable to the
payment of costs incurred in resisting a demand
which it pronounced to be a just one ; and, upon
this and some other grounds, he direCted that the
Defendant should also be charged with the costs in

this moped.
There were also some other instrudions applied
for, Wit, as they tunwd on vet), nice and delicate
questiot,s, atinng`•ftom the law of contingent re-
survivorships, and the representatives of
deceased infants, it would be impossible for us to go
into all the voluminous and technical details which
would be necessary for explaining them.

liT OF RINGS SENO!, Geii.l•n\L"., Dt,. 19.

Sating: et Nisi &fre Lord Er.r. W.: a no CI II ,
and Special Juries.
RICH A RDION end of 'tuts V. Rowcuou r
This WAS as aainn upon a Policy or Insurance
upon the ship Led Nellon, captured by the Com-
bined Fleets of France and Spain, bronght by the
Owners against the Underwriters, to recova as ha
a total loss.
There had been a former policy upon this ship,
underwritten for 3nol. upon a voyage from L indon
to Messina and Navies, and back, with liberty to
sail with letters of marque, and to chase, capture,
and man priars. By advice received front the
Master and Commander, the Plaintiffs, who were
respeaable merchants, at Liverptiol, afterwards can-
celled this poiicy, and a second was underwritten,
for the same amount, but with the further privilege
of seekin,: and joining convoy, to load or anload, w
etisize, capitate, and man prises ; sod, by a memo-
randum upon the back of the policy, it rinit further
speed, that 41. per cent. was to be retunied, in caw
the Captain did not, during the voyage, deviate
from the rrrotiar course.
Capiain Joseph Whittle stared, that he had been
Master of the Lard Nekee, and took iii a full cargo
of fruit. barilla, and other articles, the produce of
the island of Sicily. at Messina, and sailed from
that place. for Gibraltar, on the 4th of December.
ttil4 Oa the 19th, he arrived at the Bay of Gil-J-
-udi:4r ; and, on the 2:st, was stranded by stress of
weather ; atter making every exertion to get her off,
he wa., at list, obliged to run the ship on shove. to
prevent her beirg taken by the Spanish cruisers,
whoa 1r), male about that part of the coast. In
wd • !IA rights, he was obliged to
.1* vessel, and sold a part
f the fruit and other po-.