The British Press; or, Morning Literary Advertiser.
London, England, 1820-05-18 00:00:00

IMPERIAL

HOUSE OF LOIDII. WIIIMSDAT, MAT 17.

APPEAIS.
TUE QUEENSBERRY ESTATES.

Their Losisbips postponed giving their judgment in this
important cue to Friday.

LEowiLL, Appellant. GRADY. Respondent.
This was an Appeal from the deerskin of the Judges of Ike
Court of F:seherfurr in brimful. Their Lordships gave their
judgment for the Respondent, confirming tie deuce of the
Court Wow.

lIIS GRACE JAHRB DUKE OF ROXBURGH, Appel-
lant, JOHN WAUCIIOPE AND OTHERS, lie.
cp.n(leNts.
__.. .. _ . .. . _. .. . ..

Mr %Vanity'', leading Counsel for the Noble Appellant,
slated his case. from which it appeared, that, iu the year
1799, the late John Duke of Roxburgh made a settlement
of Isis sinentailed estates, and his personal estate, oa his sic.
tees, Lady Eartx and Lady Mary Kerr; and in case they had
not issue, to Ina heir in tail, having the right to the Earldom
and "mate of Roxburgh, holding tip himself the power at any
lithe of his life, even on Isis death.berl, to revoke the deed
of settlement. It was also proved, that certain lands in
the parish id Kelsu should be liable to be redeemed by the
heir in tail, um payment of 3,0001. to Ladies Essex and Mary
Kerr, at either of the two Terms alter Martinmas, which
should be after the death of the Noble grantor, and also to
discharge them forms all claims that he the tenant in tail
might have against him for exchange of lauds, Sr.c. In the
year 1903, the same Noble Duke executed a deed conveying
hid unentaded estates in trust to John Watiehope and James
linsidas, for the payment of his funeral expenses and debts,
and fur the payment of legacies that he might afterwards
direct by will ur unenissrandum. flu the 19th of March,
1804, the Noble Duke, a few hours before his death, ex. tined
a deed porpor aux to he Otte of instrtictioas to his trustees,
under the &I.t of 1903, rattier to his wish as to the
mariner in which his personal and unentailed estates
1.6001.1 he disposed of after his death, by which she
hfr-trot of the Duke's whole imeistailed properly was given
to Lady Essex and Lady Mary Kerr; but their Ladyships
were not eati.fied with the beipiest, and determined to re-
shire the deed* ex capita terfi, and take as heirs at law of the
testator, which was Clre.iinford by the Court of Session tis
Scotland. After the death of the noble 'vitals'', William
Duke of Iluxbusgli succeeded to the title and estates, and
he died in the th of October 11405, and after its Is decease
the Noble Appellant instituted a suit for 1.15 surerasiun to
the title and estates of Roxburgh, sod was successful. The
Ladies Essex mid Mary Kerr having been asiceesafid sit
claiming the lauds to heirs of line ez cepa, tecli, the Noble
Appellant was advised that be, as heir of ierestitiore, bad a
vied to reduce the ileath.bed deed of Duke John, as they
conveyed lauds destines' by investiture in the heirs entail of
Roxburgh, stud lee tualttuted a suit fur that peerage in the
Court of Session in Scotland, and Lord Alloway decided
against him, front tibial judgment the present appeal was
brought. The Learned Counsel observed, that the first roes-
lion for their Lordships' consideration was, whellwr the
Noble Appellant had the right to reduce the settlemi sit of
John Duke of Roxlsiugh iu respect to the howls destined to
his Goatee's hetes use entail. It was nut dented that there
were cerium lands in which the Appellant, as heir of entail,
was heir of sionatitnre, tote was it denied that an heir of in-
vestiture, though not .heir of lute, may reduce es capita
fedi, that is, jwrie, which was admitted by the Itespuusb
ruts. The claim of the Appellant vrassthen well founder! in
seined •to the lands destined to heirs to entail, but it was