The Sun.
London, England, 1831-01-29 00:00:00

entirely novel application, and fails, he ought to pay
the expenses of it.

PREROGATIVE COURT, JAN. 28.

KILDERBEE V. WENN AND TIN DUKE OF HAMILTON.

Sir JOHN NICHOLL gave sentence in this case—
This was a question as to the admission of an allega-
tion propounding a codicil of the late Earl of Rock-
ford. By a will of Apr 1, 1824, he had bequeathed
his real estate to the Duke of Hamilton, in tail male.
There were several legacies, and the Duke was ap-
pointed residuary legatee. If the personal property
was insufficient to pay the mortgages, debts, and le-
gacies, the real estate Avas charged. The Rev. Dr.
Kilderbee, his son, Mr. Spencer Kilderbee, and his
solicitor, Mr. Venn, were appointed executors and
trustees. In 1826 the Earl executed two codicils,
which made no material alteration in the will. The
codicil now propounded was intended to make a ma-
terial alteration in the disposition of the real pro-
perty, but it was unexecuted. It proposed to give
the estate and mansion where the Earl resided to
Mr. Spencer Kilderbee, in tail male, and on failure
of male issue, to his daughters in succession. The
furniture, plate, linen, and other chattels, are to go
as heirs-loom with the man-ion, with the excep ion
of the wine and liquors; and this estate was exo-
nerated from the payment of the debts and legacies,
which were to be charged on the other real pro-
perty. The instrument was dated September,
1830 (the day being blank), and was not signed;
on the 3d of September the Earl died. It was clear
that such an instrument could have no effect upon
the freehold estate, and none as to the copy hold
estate could be derived from the probate of this
Court, which would be extremely unwilling to take
any step that might effect the copyhold property
which was without the jurisdiction of the Court.
As the instrument was unexecuted, the ordinary pre-
sumption was against its operating. Under all the
circumstances, though the question was an impor-
tant one as concerned the interests of Mr. Kilderbt e,
he (Sir John Nichol]) thought it his duty to reject
the allegation, holding that the codicil could not be
admitted to probate.—Costs out of the estate.

POLICE INTELLIGENCE.

B OW- STREET.

Last night a respectable-looking young man was
brought into custody before Sir R. BIRNIS, charged
with having stolen a quantity of plate from the
house of ?dr. Coke, of Holkham-house, Norfolk.
The prisoner refused to give his name when called
upon to do so, but from a marriage certificate found
upon his person, it appeared that his name is
George Lilly.
. . _

Abraham Goodman, a clothes-salesman, of Holy-
well-street, Strand, proved that on the 14th instant,
about four o'clock in the day, the prisoner came to
his shop with a large blue big, containing plate,
which he said he wanted to dispose of. The pri.
sorter then took from the bag the two silver gilt ink-
stands, now produced, and some silver spoons, and
said he would sell them at the rate of 4s. 6d. per
ounce He then said he would take 204 for the
whole lot. Witness asked him if they belonged to
himself? He replied no; and added, that they be-
longed to a gentleman who did not wish to come
forward in the business; that his name was Digby,
and that he lived in Charles-street, Cavendish-
square. Witness told the prisoner that he had bet-
ter bring she gentleman himself, to which the pri-
soner replied, " I will send him; or, if you like, you
can go with me to where he lives." Witness then
told the prisoner that he should detain the plate
until the gentleman came forward, and the prisoner,
who seemed a good deal agitated, left the shop, say-
ing he would go and fetch the gentleman. When he
was gone, witness searched the bag, and found in it
a lady's reticule worked with gold, containing some
gold lace and also a steel purse. The prisoner did
not return according to promise, and witness made
application to Sir R. BIRNIE, who directed him to
fetch the plate to the public-office, Bow-street, say-
ing he_had received a letter from Colonel Anson,
Mr. Coke's son-in-law, stating that Mr. Coke had
been robbed of such articles. The witness then
said, that on the evening of last Tuesday he received
a letter, bearing the post-mark of the Royal Arcade,
and dated the 25th inst. This letter was to the
following effect :
" Six,—You would very much oblige me by sending
me the 201. for the plate sold t) you. to Mr. George Lilly,
No. 20, I'snton-street, Haymarket ; as by so doing, )ou
would save me further trouble.

" Yours, " S. KEEVEY."

The witness then went on to state, that he ac-
companied Stevens, the officer, that morning to
No. 20, Panton-street, Haymarket, where witness
saw the prisoner.
Sir R. BIRNIE asked the prisoner if he wished
to say any thing in explanation of the charge, at the
same time cautioning him that his answers might
Militate against him. The prisoner for the present
should decline saying any thing.

The prisoner was then removed in custody.
The day after the robbery took place, Sir R.
131astE received a letter, stating the circumstance,
from Colonel Anson, Mr. Coke's son-in-law, and a
letter was found upon the prisoner's person, ad-
dressed to the young woman whom he afterwards
married, dated Holkham, Norfolk, and stating that
he would soon be in town, and bring with him the
sum of Ma to begin the world with. The pri-
soner, it appeared, had lived in the service of Mr.
Coke, arid the letter of Colonel Anson gave a most
accurate description of his person, which agrees in
every particular with the prisoner's appearance.
Amongst the articles found on his person were two
valuable studs for the bosom of a shirt composed of
opal and diamonds. In the box found at the pri-
soner's lodgings, besides the spoons already men-
tioned, were two small prayer-books bound in mo-
r3cco, and a-variety of minor articles. The wife of
the prisoner, a very interesting young woman, ap-
plied to see him before his removal to prison : she
appeared dreadfully agitated. The Magistrate
granted her request. The prisoner was ordered to
be remanded until Thursday next, by which time
Mr. Coke is expected in London. The ink-stands
which were stolen from his house were esteemed
by Mr. Coke as valuable family relics. They bear
the arms of the Earl of Leicester, whose descendant
Mr. Coke is, and to whose title he has often laid
c:aim.