The Sun.
London, England, 1855-06-04 00:00:00

PALCER V. NOTT AND ANOTHER.

ROLLS COURT.

CLARK V. PENWICK —JUDGMENT.
The Master of the Rolls gave judgment this morning
in this case, which was argued before him for three days
last week. The bill was filed against the defendants,
the trustees of the estate of the late Mr. Addison Fen-
wick, of Sunderland, for the purpose of setting aside a
sale made by hem of certain property, which was in the
possession of the testator at the time of his death. Tne
plaintiffs are infants, who were represented in the suit
by their next friend, and by their bill they contended
that the sales ought to be set aside on the ground of
the inadequacy of the price given ; that they were re-
pugnant to the provisions of the testator's will, and that
it was against all rules of equity for a trustee to sell to
himself. The testator, who was a man of considerable
wealth, was the owner of large breweries in Sunderland
and Chester-le-Street, also of an extensive glass house in
Sunderland, and property called the Deptford Brewery
Estate. He died as far back as 1842, and by his will
he vested the whole property in his brothers as trus-
tees, declaring that if they were desirous, or should
think it expedient to carry on any or all of his trade they
should be at liberty to do so upon paying such sums of
money as competent valuers should fix for them. Upon
the testator's death valuers of undoubted ability and

Expectations have been indulged that the Ascoi
Meeting would be dreary and uninteresting. The at,.
sence of the Court was talked about, whilst the seeming,
scanty supply of sport caused book-makers to entertain
doubts whether they would be enabled to pursue their
calling with profit and effect. The prospect is, however,
brightening. It is announced that the Queen and
Prince Albert will be present, and, judging by the
stabling engaged, the fields are not likely to be so
small, nor the racing so unimportant, as was antici-
pated. That " shortcomings " are displayed in the
programme is undeniable ; still they are not of a nature
to excite uneasiness as to the popularity of the gather-
ing. The causes to which they may be traced are too
well known to require indication.

The Trial Staked closed on Saturday with six nomi-
nations, Despite the "saving clause," which places an
extra 9 lbs. on both Coroner and King of Trumps, I shall
expect to see those horses first and second. My pre-
ference is for the young 'un.
The Welcome Stakes seems likely to be reduced to
a match' between Para and Flatterer, and the horse will
perhaps first catch the eye of Judge Clark.

Towards the close of last week Mortimer was placed
"under suspicion" for the Ascot Stakes. The suc-
cess of his stable companion, Saucebox, at Manchester,
has apparently renewed the confidence of his partisans.
If well and meant Mortimer will indubitably be a dan-
gerous antagonist. The animals which he will encounter
are certainly not of a very superior stamp, and this cir-
cumstance, coupled with the consideration of his Ches-
ter running, is sufficient to sustain the expectations of
his backers. Hungerford is much fancied, and has been
supported with spirit ; still I deem him somewhat too
heavily weighted. If public running afford any criterion
of ability, then Quince, who will meet Hungerford on
9 lbs. better terms than at Northampton, ought to be
capable of making the old horse "safe," and of taking a
promizent part in the encounter. Ireland's Eye
is favourab:y weighted, and Wells is "on the
muzzle" to ride him. The distance, however, com-
pels me to hesitate before placing confidence in him.
Of Huspodar I entertain no expectations, because, how-
ever leniently he may be handicapped, I deem him in-
capable of staying over a mile. Despite the support
conceded to Vandal, I have but slender faith in hisracing
ability. Of the three-yr-olds, indeed, lam induced to
believe that the Sailor will prove the most formidable.
Bluebeard is an outsider entitled to notice. lam fully
prepared to see him run forward. Pantomime is, it is
said, " intended" for this event, and that his party are
in earnest. The recollection of the trick which was
played with him at Shrewsbury last autumn compels
me to regard him with suspicion. The 'three animals,
-udeed, which I am inclined to select against the field are

BLUEBEARD, MORTIMER, AND QUINCE.
Rataplan has incurred so many penalties that I am in-
clined to doubt his ability to carry off the Vase. Tumb-
ler, Fandango, and Oulston are likely to contest the
prize. The race will, in my opinion, bet between the
two first mentioned ; and at present I am induced to
make election in favour of the Tumbler.

Unless Aurifer possess racing merit which the public
" wot not of," Hazel will doubtless carry off the Ascot
Derby.

Habena will win the Triennial Stakes, and thereby
show how unjustifiable was the scratching of her for the
Oaks.

The Triennial Stakes for two-year-olds will perhaps
bring out Fly-by-night and Polmoodie, animals that
have already been heavily backed for next year's Derby.
The only information to be gathered respecting them is
derived entirely from " hearsay," and the respective
partisans of the two youngsters are equally sweet. My
inclination leans towards Polmoodie.

He would be a bold man who would attempt
to indicate the absolute winner of the Royal Hunt Cup.
The following "lot " comprises the animals which I con-
sider handicapped on advantageous terms :—Nabob,
Hospodar, Epaminondas Pumicestone, Exile of Eriri,
Vanderdecken, Octavia, Flatterer, Catspaw, and Pal-
merston. The three which I may be inclined to stand
on are Nabob, Hospodar, and Exile of Erin.
Queen's Head will doubtless place the Fern Hill
Stakes to Mr. Howard's account. The 15 Soys. Sweep-
stakes I assign to Noisy, and the Triennial for 4 yr-
olds to Bribery. For the Coronation Stakes I shall select
Rambling Katie.

I shall reserve the items on Thursday's and Friday's
list for discussion on Wednesday. Some uncertainty
exists at present whether Virago will run for the Cup,
and an opinion prevails that she is a confirmed " roarer."
Be this as it may, I shall place my entire confidence in
Rataplan. A FRESH MAN.
June 4.