The Sun.
London, England, 1854-11-20 00:00:00

SCERODER V. MCRRODER.

This appeal from the Vice-Chancellor Page Wood was
opened yesterday. The matter originally came before
the Court on a special case. George Schroder, by his
will, dated in!July, 1825, gave and devised all his estates
of which he then was or at the time of his death should
be seised, or to which any person in trust for him then,
or at his death should be seised or entitled, or of which
he then had, or should hereafter have, power to dispose
or appoint by will, unto trustees, of whoa his wife was
one, to the use of his wife during her life, until her
second marriage ; and in case of her second marriage as
to one moiety, to the use of trustees in trust for his
wife, for her separate use for life, and after her death
as to the said moiety, and also from and after
her death or second marriage as to the other moiety,
to the use of all and every the children living at
the time of his death or born in due time after-
wards, as tenants in common, if more than one in fee.
On the 15th November, 1827, the testator contracted for
the purchase of a freehold estate at Stockwell, and after
the date of the contract made a codicil and directed that
the purchase of the Stockwell estate should be com-
pleted, and then devised that estate to his trustees, to be
held upon the trusts declared by his will as to the real
estates thereby devised. The testator after the date of
his codicil took a conveyance of the Stockwell estates to
the usual uses to bar dower, and it was admitted that
the effect of that conveyance was to revoke the devise of
the Stockwell estate by the codicil ;-but it was con-
tended that upon the doctrine of election the heir was a
trustee of that estate upon the trusts of the will, the tes-
tator having shown a clear intention by his will of dis-
posing of all estates of which he should be seised at the
tirae of his death. It was the opinion of the Vice-Chan-
cellor that the heir was bound to elect whether he would
take the Stockwell estate and abandon the will, or
whether he would accept his interests under the will, in
which case the Stockwell estate must be conveyed to
trustees, to be held on the trusts of the will.
Mr. Manes and Mr. W. H. Terrell supported the de-
cree. Mr. Rolt and Mr. A. Smith for the appeal.
The Lord Chancellor said he was clearly of opinion, on
the construction of the will, that the testator intended
to dispose of all estates of which he should he possessed
at the time of his death, and that the effect of the con-
veyance to uses to bar dower was to revoke the devise
by the codicil, so as to leave matters as if there had been
no codicil at all as to the Stockwell estate. The decree
of the Vice-Chancellor was therefore right in all respects,
and the appeal must be dismissed.

(Before the Lords JuQtices.)
GIBSON V. GOLDSIIID.

Their lordships disposed of this case, which stood
over from Wednesday, and the facts of which have
been already fully noticed, by allowing the plaintiff's
appeal, reversing the decision of the Master of the Rolls.
They directed a specific performance of the agreement
in respect of which the suit was instituted, on the ground
that the plaintiff was not disentitled to such a decree in
consequence of his failure to perform another part of the
contract. The object of the bill was to obtain an as-
signment of certain mining shares, and the defendant ob-
jected that the plaintiff was not entitled, because he had
not indemnified the defendant frog► liability in respect of
the coupons of a certain gas company.
Mr. Glasse and Mr. Terrell were for the appeal ; Mr.
R. Palmer and Mr. Waley for the respondent.

VICE-CHANCELLORS' COURTS.
(Before Sir William Page Wood.)
IN THE MATTER OF TRZ AUSTRALIAN CORDILLERA GOLD
AND COFFER MINING CORBIN"! AND OF Tim wINDING-
VP ACT.

This was the petition of Mr. Aaron Zadok Jessell and
others, as shareholders in the above company, seeking a
reference for the purpose of winding-up the affairs of
the company, under the acts recently passed for that
purpose. The name of Mr. W. F. Medley had been
originally used as a co-petitioner, but had, by his re-
quest, been struck out. The petition stated that the com-
pany had been projected in 1852. The prospectus repre-
sented the advantages likely to begained by working mines
in certain mountainous districts in Australia, in what
were termed the Liverpool Range, ix the Blue Mountains,
or the Australian Alps ; that the directors had caused
search to be made for minerals in the &finitee estate, in-
cluding Brisbane and the Hunter River district, where
it was believed that an abundance of silver, geld,
and copperwere to be discovered. The company was to
be carried on upon the cost-book principle, the shares to
be 60,000 in number, at 1/. per share, but with power
to increase the number of shares to 150,000 ; but the
prospectus stated that no shareholder would incur any
liability until the charter was procured, application for
which would be made when two-thirds of the shares
had been subscribed for. It was stated that no less than
40,000 shares had been subscribed for, upon which 1/.
had been paid ; that machinery for carrying on the ope-
rations of the company had been purchased to a large
amount ; that engineers and workmen had been sent
out • but that two of the vessels carrying the machinery
had been entirely lost ; that differences and difficulties
had arisen among the parties who were to carry out the
operations 2 • that the whole capital had been paid up ;
but that the directors had felt themselves compelled to
abandon the lease, for which they had agreed at a rent
of 5,000 t. a-year. The petitien stated that lately the
directors had sent cut a scientific gentleman to inquire
and report as to the feasibility of the project, and to use
his best exertions to put the company's operations on a
permanently good footing.
Mr. Rolt and Mr. Jessell, for the petitioners, sub-
mitted that the evidence showed that the company was
really defunct, the capital having been expended in the
attempt to carry out the speculation, which was now at
an end, the lease of the locality having been abandoned,
and it being quite impossible now to dispose of more
shares and raise the capital.
Mr. Daniel and XL". Roxburgh opposed the petition
on the ground that it was premature, inquiries now
being made as to the very question raised by the petition
—namely, whether the company should prosecute its
original design, or altogether desist, from its impracticabi-
lity. They also alleged that the petitioners were merely
purchasers of shares, who had taken no interest in the
undertaking originally. • •
Mr. Younge appeared for one of the directors.
The Vice-Chancellor thought the real question was,
whether the company had really abandoned the original
design, or were considering of the possibility of carrying
it out. He could not, however, conclude that it was
the bone fide intention of the directors to abandon the
project. The agent who had been sent out reported, as
the result of his inquiries, that there was little doubt of
ultimate success if the proper machinery were sent out.
The case was not one in which the Court was called upon
to interfere, as in the case of members of a partnership.
He must dismiss the petition ; but as it appeared that
the petitioners bad not been allowed to have free access
to the books, this must 'be without costs, except what
arose from the use of the name of a party who had been
removed from the face of the petition.

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NAVAL ANIS MILITARY INTELLIGENCE.

THE SCREW THR
BE RT EE-DECKER ROYAL
AL .

Captain Sir Baldwin W. Walker, Surveyor of the
Navy, arrived at Sheerness on Friday, to inspect the
Royal Albert, which ship has been fitted to receive 880
troops on her middle deck. Sir Baldwin on Saturday
forenoon inspected her engines and the machinery con-
nected with them, and found their working true in every
respect. Her condensing apparatus was set to work,
and it proved capable of producing 250 gallons of fresh
water per hour. She was to have left on Saturday
morning for Portsmouth ; but, in consequence of the
strong north-east wind, she did not leave her moorings
nntil yesterday at 9.45 a.m., when she saluted the flag
and proceeded out against a strong head wind and the
flood tide (against her) at nine knots through the water.
Sir Baldwin Walker proceeded in her to Portsmouth,
where arrangements are to be made for fitting the lower
deck also for troops. Her lower and middle decks have
been set off for sleeping accommodation (in hammocks)
for 2,000 men. Her own crew will take the upper deck
for messing and sleeping during the time the troops are
on board. Mr. George Brockman, Master of the Wild-
fire, took pilot charge of this noble ship.
Immediately on her arrival at Spithead a strong mus-
ter of dockyard artisans will go off in the steam-tug
with the necessary fittings for 1000 troops. We have
before stated that the Royal Albert would embark the
" Guards" for the seat of war. The following officers
are appointed to proceed with their respective companies
of the Ist battalion of Grenadier Guards and the Ist
battalion of Scots Fusilier Guards :
Colonel J. R. Cranford, commanding.

Captains and Lieut. Colonels C. W. Ridley, Henry
Cartwright, Edward Goulburn, W. N. Hutchinson, R.
C. S. Clifford, Hervey Hopwood, Hon. H. Forester,
and E. G. Wynyard.
Lieutenants and Captains Lord Arthur Hay, Lord
Frederick Fitzroy, V. Latouche Hatton, H. F. Ponson-
by (Brevet Major), T. 1. Cast (Adjutant), F. A. Thesi-
ger, Sidney Burrard, E. H. Cooper, J. A. Digby, Claud
Alexander, John Murray, and Arthur Ponsoaby.
Ensigns and Lieutenants A. Mitchell, Hon. W. F.
Forbes, Fitzßoy Clayton, Granville Fullerton, Hon. A.
Poullett, G. A. Ferguson, aad Viscount Stormont.

The Lizard steam vessel, LieutenantT. B. Christopher,
left Sheerness, with the Royal Albert, in attendance
upon her round to Portsmouth.
The St. George, 120, Captain Byres, is to have defects
made good in Plymouth Sound. She was supplied with
a new maintop on Thursday, and, her capstan being
damaged she will receive the one belonging to the
Aboukir, 90. The crew of the St. George were paid
wages on Thursday ; that portion which came home from
the Pacific in the Portland obtained leave for 60 days.
Letters from the Royal George, 90, Captain Codring-
ton, dated November the Bth, and received at Plymouth,
state that her orders to proceed home have -been coun-
termanded, and that she is to go to Chdrbourg to em-
bark troops for the Black Sea.
The Juno, 26, Capt. Fremantle, arrived itßombay
from Muscat on the 2d nd on the follinVi ni day
was visited and inspected Oct.,by Rear-Admiral Sii4fenry
J. Leeke, R.N., K.H., Commander-in-Chief of flee In-
dian Navy, who was saluted by Capt. Frernanle; and
received with the other usual honours. The ,Mo left
England about nine months ago for the Australian sta-
tion, but has worked out of her course to Bombay to be
docked. _ _

____
The Hecla, 6, paddle-wheel steam sloop, was taken out
of dock on Saturday into the fitting basin, and remasted,
having had repairs effected to the injuries she received
from the Russian shot when up the Baltic and Gulf of
Finland.

The Dauntless, 33, screw frigate, Capt. Ryder, was
ordered on Saturday t• prepare for immediately leaving
Spitbead, with troops for the Crimea. A party of dock-
yard artificers were sent off to her, and were engaged all
day yesterday in the work of fitting her for the reception
of the soldiers.

The screw corvette Cossack, 21, Capt. Fanshawe, hav-
ing had defects made good, was taken out of dock at
Devenport on Friday. She will soon be ready for sea.
The Curlew, 9, screw sloop, Commander Lambert,
left Spithead on Saturday morning for the Black Sea.
The Rhadamantbus steam paddle-wheel store-vessel,
Master Com. John Belam, arrived atWoolwich on Satur-
day evening from the Baltic. She left the greater por-
tion of the fleet at Biel, where they were waiting the
return of the screw war-steamers that had been detached
to blockade the various ports, and when they rejoin the
fleet is to return to England.
The new steam gun-boat Snake, Lient.-Commander
M'Killop, from Woolwich, arrived at Plymouth on Sa-
turday, en route for the Black Sea.
The schooner Jane Goodyer commenced loading bread
on Friday at the Royal William Victualling-yard, Ply-
mouth.