The Sun.
London, England, 1806-07-31 00:00:00

fiogoe too." His Learned Friend' had preaches, but
lie hoped :tho Jury would nc,1!..4-)ggee tbo.
Verdict for Plaintiff, 'damages 101. .

L4lll/ REPORT.

COURT OF CEIANCERY, jULY zS.

THO. PARR ANI) OTHERS TrJAMES PARR.

The Plaintiffs are three brothers- and two s',sters :
the Defendant is a gun-maker, residing at Liver-
pool, Who is also a brother of the same family, and
is executor and surviving partner of another bro-
ther. On the occasion of the death of this brother,
the Plaintiff and Defendant were residuary legatees;
the former having five7sixtbs interest, and the latter
one-sixth in the :fleets. Some time after .the cue
cease of the late partner, the Plaintiffs called upon.
the Defendant for the particulars of the property of
the Testator, when, by an account rendered by the
Defendant, it appelred that the sum due to the es-
tate
of the deceased from the partnership was,
14,0071, 18s. The 'parties were not satisfied, and
they desired to exanune the 'books ; and the result
of the examination
,was, that the demand on the
'partnership:appeared to be 30,0001. In the answer
to the Bill. in ChancerY, a Schedule was referred to
by the Defendant, .which made' the total of the stock
and claim; of the partnership 54,6231. and the debts
due froin the concern 28,801. __ _ _ •

The SOLICITOR GENERAL and Mr. ROBELL corn
merited on the particulars:of this Schedule, and CQII-
- that at least 31381. 17s. 6d. ought to be paid
into Court, since the Defendant himself admitted
that he 'had that. balance in band ; and although
he alluded to certain debts due. from the estate of
the deceased, yet he noticed nO particular item to
which this "fund was applicable.
Mr. A.LZ.XANDER, for the. Defendant, admitted,
that if this. were a clear balance, it would be a mat-
ter quite of. course to pay in the 'amount ; but he
added, that there were claims, if his instrudions
were cOrred, to the extent of seven or-eight thou-
sand pounds, for which the Defendant was respow-
sibll
Me LORD CIIANCELLOR—r" If there, are part:-
nership creditors, how.can I, Mr. Solicitor-General,
prevent them from ,'suing the Defendant ?. And
what fundS will he have 'to answer to such creditors,
if this money be paid into Court'?" • .
`f ;The" SoLielTon-GEStERAL-7" r_ think; my.
Lord, there is a sufficient answer to this .difficulty.
The Defendant had paid the greater part-:of the. •le-
gacies, which he would not have. satisfied if:the
partnership effeds had not:been Sufficient to dis-
charge the.debta, .The paymedt of the legacies- is
an admission of effects." _

ALEXANDEA—" The. Defendant _has his
hands bad bills to the amount df 2 1 ,9601. bUt, inde-
pendently of this, how often do.executors-,take up-.
on themselves the hazard'of paying legacies when
there is a deficiency on the estate ?" . •
LORD CHANCELLOR—" Here is a roan
is an atnazlng defaulter. We. shall not run away
with the money if it come into Court and I think
the Defendant has admitted enough in his answer
for me to require that the money should be brought
hete.".

The Money ordered to be brought into Court in
three: weeks. -

ACRES V. ACRES.

The Plaintiff and Defendant are brothers, and are
equally entitled to a certain estate in the Island of
St. Kitt's, the produce of 'which. is estimated at
80001. a-year. •
The Sotterroit GENERAL and Mrs RICHARDS
stated, that this estate vas under the management
of the Defendant, Ednmnd Flemming Acres ; that
on the 35th bfJuly, in last year, this management
was, by order of the Court, transmitted to MesSrs.
Manning and Co. who were appointed consignees.;
and the obje& 'of 'this application was to oblige the
Defendant to. account 'for the consignments he had
received from the time of the order for the nomina-
tion of consignees., and the period when such con-
signees received-the' produce of the estate, which
was not till the month of March of ,the present
year.
The ATTORNEY-GENERAL, for the Defendant—
g,‘ The Plaintiff, as well as my Client, have at dide-
rent times_received this produce, and when there is.
adecree both parties will have to account. The 'De-
fendant has'offerect to give the statemept required in
14 days, and yet they press this subje&
,for the at-
tention of your Lordship, and desire the account 'a
week sooner. The precise Motion is, 'that the
proCeeds of the Testator's estates-at St. Kitt's, which
have, been consigned since the month of May, 1805.;
and which are not comprised in the consignees' ac-
count, may be accounted or by the Defendant, and
the .amount of the consignments paid into the-Barik
within a week." - The- case of the 'Defendant ap-
• peared so favourable when the'subjea was discussed
before the late Chancellor, that Lord ELDON said,
that Mr. E; V. Xeres was the fittest person' tá ma-
nage. sthe estate, and he _was (admitted to propose
'himself. to the' Master as consignee. l'only want
14 days time, for the double- purpose oftnaking up
Alto accounts, add of-paying' the money to Messrs.
Manning; the consignees under the authority of the
Court."' • "•- .

The LORD CHANCELLOR--" This is very reason-
_ •
able."

The SOLICITOR-GENERAL I have not the
least obje6tion_ to it we having. permisSion, in
.case-it should be necessary,. to apply.again to the
,Court."
The LORD CHAtiCELLOR-=g-It is much fitter that
the money should be paid to Messrs. Manning and
Co. than that it should be brought here. .These
Gentlernc„ii are brothers, and the seldomer they cone
into Court the better."

The only other case argued this clay was that of
Lady Ormond and the Hon. Jas. Batley v. Thomas
Hutchinson.

A :few eveningi since Abe wife of a sawyer, in
George-yard, ifack-hill;Hatton-Garden, ineutubered
with a young family, and negleCted by her husband,
took the desperate resolution to poison herself.—
When the baneful draught *Kap to operate, the-
people. of the house were much alarmed, and an
apothecary was sent for, who expelled the poison.
She was removed to the,Workbouse with her chil-
dren, 'for better support, where she continues in a
very languid state. •