The Sun.
London, England, 1808-12-27 00:00:00

LAW PLPOR,T.

• . . COURT OF
,CHANCERY, Dec. 24.:
. •
eAsnt..t. v. SCOFFIELD.
Sir S. ROMILLY stated; that a petition had bee4l,
presented in this case for' Captain JAI-Ivey of. the
Royal Navy, for having it referred to lite Master, to
receive proposals for, a settlement on Fanny Casseii,
now Impey, a ward of this. Court. The mat terwas
accordingly referred to the. Maker for this purpose,
who had reported that he had received proposals for
a settlement from the Petitioner. -These proposals
stated, that the Petitioner- had made two,different
unsuccessful applications to his fat her, Sir. Elijah
.Envoy, he being,. his eldest son, to be enabled to.
settle 2001. a year on his wife; that the. Petitioner
had not at .present a' ship, nor had any othreijslfo-'1
perry or income besides his half pay as a 1%1 eap-f
taro. He therefore proposed that •.the
dendS of his wife's fortune, amounting to upwards
of 13,0001. 'aster payment of an annuity of 2001. to'
her mother, for
_her life, should be secured to her-
s,; :f, during her lifetime, unatfe6ted by her- hus-
band's debts or ;lets, then to the huhband, for, his
life, in the event of his surviving his wifeb and to
their children, if they should haVe any, in such pro-
portions as the ,parents.,should' appoint ; or in the
'event of there being no children of the marriage, to
such persons as should be nominated by the wife.—

PrOvision WAS also made 161-: the event (xf the pre-
deceases of the husband; -end of the. wife's

entering into a stibsegnent marriage, in which
case, and in the event of her having other children,
the property was to be divided into moieties, &c.—
Of these proposals the. Master•ftVas willing to, ap-
prove, on the settlement being.ex_ecuted, and agteed,
to, by (he Trustees fbr the wile, -who,. it was un-
derstood, were willing. to Concur, •The present :ap-
pliCatiou Wai therefore made to his Lordship to reter
it back to. the Master to accept: of. the propo.sals tbr
the set:lement; and, .on the settlwrient'S Awing ex-
ecuted, to order the Petitioner to be 'discharged
from the Piison of the Heat,- where he was :at 'pre-,.
sent confined under an ettactiment awarded by his
Lordship. . ' • ,i,c
Sir ALITHVR PIGOTTT on part of the TrtketeT.:
under the will by wh'i'ch the wife was entitled to '

fpriune,-- expressed their readiness to concur in the
proposed settlement. It was, however, extremely
improbable,. that the Petitioner, the vldest son of
Sir Elijah Inipy, and himself a Captain in the I\a,
vy, though at present without any fortune of his
own, should be in this situation at the time of his
death. Ey the
_proposed settlement, in the event
of his surviving his wife, the Petitioner wmi4oA have
the life-rent of: the whole of his wifeXproperCy,
whether there were children or not, and .if there
were no children, she had the power of leayinrr every.
thing to him, which, in the event of their living

happily together, there was every. reason to suppose
she would do. The husband, however, was 36
years of age, and the ,wite ts. ;The probability
therefore was, that she would be the survivor. in
this event, however, and. supposing the Petitioner
to die possessed of great . property, while, by.the
proposed settlement,. the husband was'to have the
life-rent of the whole of the wile's- property, the
wile was to have none of the husband's ; nor was
any provision purposed to be made even for the
children orthe mar riaae, exLept out of the fortune
of the wife. What the learned Counsel bad.. to•suoo-
gest', therefore, was the introdatibn of a Covenant
burdening the Executors, AdministratOrs, or As-
sigus of the Petitioner, ;if he should die possessed of
any funds, with the paymenk of 10,0001. for 'the
uses of the settlement, and to the wile during her
life, if she survived her husband, and .16 thechil-
dren in lee,, in such propottions-as the parents should
dire Et.
Sir SAMUEL RoMILLY saw no great objeairin to
this proposition. captain lmpey had never receivi
ed any suygestions of the kind • but,the
Counsel was convinced lie could base g.o,iwkii
.to make the settlement as satisfactory as Co' yid 'be clef
sired. , paro

.- . . .
Mr. RUPELL, on .the 'same side, suggested, that
it would he better to secure to, the pui-poses of the
settlernent.a proportion of the husband's effeats. It
might happen, that lie survived his wife, contr.aBeci

a second marrin•Te, and. that t 0,0001. Wai the whole,
of his tnrtune, zu which case he would be unable to
provide for the children of the second marriage.—
This objection was removed by the introduction of
a covenant into the settlement, declaiingwAat in
the event alluded to, the provision by the fathitr,-
like the fortune of the mother, should be divisible
into moieties, for the children
,of theiirSeand:oi.thei.
second marriage. .
, ••
The Loan CHANCELLOR saw. more strongly the
propriety of introducing a covenant Oche kind pro-
. posed, when ho considered the improbability of the
eldest son of such a father, and one at the same time
holding the rank he did in the ;British Navy, dying
without being possessed of any property, except what
be acquired by his "ire. .His Lordship was well
aware that fathers, when they saw their sons marry
wards,of that Court. who had 'fortunes,.
,were often ,
themselves averse, from. making any provision fur
them, not. because they disapproved of the Match,
or meant latterly to exclude. them fronrauy share in
their.fortuoes, but merely because they saw hbw,
in the mean time, they could be otherwise provided
for. it was his duty, however, in such situations
to consult, as tar as he could, what was for the real
utility of his waids, and tw tnake for them the best
bargain in his posh er. He therefore lel-erred it to
.the Master, to approve of the proposal tor the,settle-
went submitted to him, with. the. additional: cove-
nant, on the part of the husband, and when Stich-
-settlement should be executed, atatboriSed the Mi-
. tioner to be discharged, the costs iiieing:t'l.s beb paid,
as between Attorney and Client, .6i(it. idtb,tbe com-
mon fund. !ntIGI. i -

Friday afternoon the 2d division of the 88th Re-
githent arrived at Rarnsgate and also wcni to the,
barracks. The 3d and last division were expeded
on Saturday. They zit a very fine body of healthy;
looking young-then. rrheir destination is supposo
either Spain or Portugal, but the cirLunistance of the

1 .
Transpoits 'expected at itatnS.gatc to' receive thew
- •
being large vessels, copper-uoitoin:Qd anclv. e,t4led,
iit. IS said, lor live or six, niontns, ieiLls 66.%ii,, c ilMiuture
that their service way be 141 a inuitt'u.:pi ifyin-_---.-
We are, notwalistailding, inclihtN.l to sup .9.-3,1 i Wilt
);4161.
1: thov voc. cicsiinecLtur bi),toi or kli4-111,1i. F. • . •
. ~
~ •;; pli
.. , • ,

Lam. tics N: frinteteby R c Aft O Eli Rai', Of No. 4, Martlett-cetirt, Bow-stirt ; anA put,11.O1(;.1 by Wi I. Li Au Mi GER ps, S,;(.ltff Is4,,it Ai sttect, C. PDS vznqt-squaiF;
At the SUN-OFT-es' No. lit: Strand; where iiriveiOsernents, Orders, tor the Paocr, f thers fat the Editor, 4x. c; Oust-P2id) ati,,resseti.