The Sun.
London, England, 1830-08-05 00:00:00

LAW INTELLIGENCE-('PHIS DAY.)

COURT OF CHANCERY. ItInaMENT UPON VIII LATE DUKE or QUZINSBERZT, S
WILL —THOMAS V. MONTOOrST.
The LED CHANCELLOR, on taking is seatthismorn-
-4/odispostd of the question in this cause, which involved
an inn eense sum of mone In this case of Thomas a.
11°14110mery (said his Lordship),i the question was with
"'Peet to the appropriation of tsii,eerfrunds arising under the
The testator died
will of the late 119 i
ja the month of DirkeeeenufbeQr,7Blo. Queensberry. The
English debts
amounted to a very inconsiderable sum—to between
8,000/. and 9,oooh—the legacies to between
600,000/. and 700,000 h—and personal property, as
present occasion to consider it,
unannte
f"
4 it
is
nemssary
on
the
dto upwards of ocents. three per lf
tits had been the whole question,. of course the affairs of
the estateu
might have been nmediately wound up, bat
th
tlitre
were
certain
claims
arising out of leases granted by e
Duke of Queensberry, claims preferred by the Duke
of 13 ueeleugh, the Earl of \Veiny's, and the tenants of
/hese noblemen—the leases having been supposed to have
wen granted in contravention o
ithe Duke of Queensberry,
was of course uncer-
Iliad those- eltims were settled
taiu what would be the amttoount of the .payments
the particular le-
that would be applicable
git/e.• In the month of June,
Chancellor,lBla poettlititobne
Vnis presented to Lord Eldon, o°
for
an esti-
Pot of the particular legatees, which prayed
nuit la to be taken of the sums that weredue (principal and
antereet) to the petitioners, and that the
tosum estimated to
their respective
bel°ll to then might be carried
iecounni, 'object always to the evnevoctrual claimsarisingesomut
of
the
Proceedings in Scotland. When that petition e
°II to be heard my Lord Eldon:refused, or
. rather declined,
tomitellOY order upon it. It came on in the year
timerlBl4,
and the application never was renewed during
the
Lor Eldon afterwards remained in office ; it was how-
ever stated at the bar and in the papers, that Lord Eldon
had said that he considered the claims to be just---
Noble Lord I ether or not such an expression ever fell from the
have no means of ascertaining with accu-
racy. In 1817, I think, in consequence of a reference
the the blaster, it wits ascertained that the account of. .
Stotch claims would not exceed the sum of 565,6731 it
!as quite obvious, therefore, that there weuld
of
eha very.
large eurplua. In coniequence of that state o t efunds
re.
4 'Petit' In
was made to my Lord Eldon, the t i°, 1t °f Which was that he thought he might with safety
Lot
11:parties,and without endangering the Scotch elaimeidir! :,
Int" a fourth of the account of the legatees should be paid
eit'roleting interest on the legacies up to that time, and an
e der wan made to thin effect. In 1823 a report was
e.
-,44
ntims, toit
t the
ey blaster, that after satisfying time
Scotch
~. should be eventa establihed, t old be ft clear fund amountingu to lly
between 400,0001..
and 600,0001. applicable to the claims ni the legatees,. in
Nilequence of which an order was made for the divisma
of that nut among the legatee,. The division was mad!,
i'l°ll carried in the first instance to the satisfaction of the
afar and surplus appropriated to the discharge of so
ieu-'4 °f tlie pri .ipal as it would satisfy ; that the in-
111;rest ehould he calculated on the remainder of the princi:
, and then the sum subsequently to he applied
''pit ottld go toward' the ditieharge of that remaining Fpn,
',Pal and interest. In the same manner, in the month 0,
clear 1827' the Muter again reported that therevviliessa.
car fund-of 860 h applicable to the payment of the 1 g
riktk'es, and a 'thriller order was made by the Vice-Chan-
ri direetitli a simile distribution of - that fund. In
Lelitil°4l;ll4B ihnblirifer reported that there was an-
e clear 4111 n Of 226 i. applicable to the same. These
mach due to the legatees did not amount to that, but
.
rItO It was applied Al to discharge the balance, what'
ever it 0,7444,.... Now the result of these operations has been
surplus wg_t, as the aseerta!ned there was a
he. aPplied't hught, with pertect security to all. pa.r.tietT.,
datioo of the wan was directed to be applied in lig i tiee I 'lie principal and interest clue to the respec•
tho, inegiii:teco ; these payments have been made from
(AL "1," finis until the whole of the legatees have been paid
spo.
r"Y the last report, the Master made a clear field to
te4 )1 343,8701. belonging to the estate of the tee-
limo The reeiduary legatees claim this fund on the o.ne
tither on the other, the particular legatees make a claim
raz. to the whole or to a part of it, according to the
0i4.1.' (,1 the calculation they say ought to be made. No
seb4,,,,kwiul trade on the petition in 1814, and time
Jelkol e°t aPpropriations were directed without pt.!.
that
era t° Ibis estate. The terms of the order in
.
th,,,,.Pect ' are, however, not very precise ; but still
psy ,ills' 4 reference in the orders to statements that the
.
to
,t, nte shill be considered as made, without prejudice
th.,.._", questieris in the cause. The particular legatees
tia."'earroLl ‘l,l_°'w lay, they are entitled to agitate tie' saute
414 `eY undertook to agitate by their petition of
tkptio'rland that it ought to be considered that the ap-
t° theletn.„,ets have been made and the money paid over
pttitio •,earitte sac nn
according to the prayer of that
113 that a calculation ' should be made of the

SURREY
AT a M FETING of
in the interest of

:LECTION.
,he FREEHOLDERS

JOHN IYATT BRISCOE, Egg.
held at the Horns' Tavern, Kennington, on Tuesday, the
3d of August instant,
BENJAMIN HAWES, Jun. Esq.,
one of the County Magistrates in the Chair. The follow-
ing resolutions were unanimously agreed to :
let Resolution—Proposed by Robert Hall, Esq. seconded
by Colonel Jones.
That it is the opinion of this Meeting that the ruinous
system of waste and extravagance incurred in the Election
of Members of Par Eminent, is destructive of the inde-
pendence of the House of Commons, and a source as well
of ptivate as of national misfortune.
2d Resolution—Proposed by Joseph Hume, Esq., se-
conded by William Roney, Esq.
That this Meeting do invite their brother Freeholders
of Surrey to join heart and hand with them to check this
crying evil, and uphold the principle of purity of Election,
by returning a Representative of this County to Parlia-
ment free of expenoe.
3d Resolution—Propssed by the Rev. Thomas Foster,
seconded by John Wallis, Esq.
That upon this great public principle, this Meeting do
take such measures as shall be expedient to ensure the
return to Parliament of John Ivatt Briscoe, Esq., a Gen-
tleman known to the county as an upright, active, anti
independent Magistrate, whose views and principles are
known to be identified with the welfare of the people, and
the true glory of the Empire.
4th Resolution—Proposed by W. Hawes, Esq., seconded
by George Vaughan, Esq., that subscriptions be entered
into for this purpose.
A subscription was then entered into to the amount of
upwards of WO&