The Sun.
London, England, 1849-03-10 00:00:00

CHANCERY.-(THIS DAY.)

IN RE DICE SOMBRE.
The argument of this protracted case was resumed
this morning.
Mr. ROLT, on behalf of Mr. Dyce Sombre, reviewed
the affidavits before the Court, and argued that no fair
presumption of insanity was reasonably deducible from
them. The Court had now the same parties before it
promoting the petition, as appeared on the commissions
at Dover and Brighton, and the petition was for the same
purpose. He found, when the report was made at Dover,
those who opposed the motion had the means of inquiring
into Mr. Dyce Sombre's conduct at Dover; and when a
similar report was made at Brighton the parties oppos-
ing the petition had the means of bringing forward evi-
deice as to his conduct. The same parties were before
his Lordship now, and they had used those means to
some extent; but his Lordship had not one word of evi-
dence brought forward with respect to his conduct at Dover
and Brighton. To what was that attributable? Most un-
doubtedly it was that of Mr. Dyce Sombre's conduct while
he had been in London, where he was tor a much longer
period of time than at Dover or Brighton, and where
there were the same opportunities of observing it, his
Lordship found no evidence of any kind whatever ; so
that he (Mr. Rolt) was entitled to assume that, during
this period, instead of Mr. Dyce Sombre conducting
himself as he did at Dover, he had conducted himself
with the utmost propriety. The Learned Counsel went
on to review the affidavits of Mr. Miller, Mr. Chichester,
Mr. Hancock, and others well and intimately acquainted
with Mr. Dyce Sombre, and contending that they all
went to show that, in all the ordinary transactions of
life, he was eminently a shrewd and sensible person.
The argument was proceeding when our report left.

VICE-CHANCERY.-(THIS DAY.)
(Before Vice-Chancellor KNIGHT BRUCE.)
MALCOLM V. MALCOLM._

Mr. BAZLEG4TE, on behalf of the plaintiff, said this
was a case of administration of the estate of a testator,
named Malcolm, who had carried on the business of a
publican. The bill was filed by the children of the testa-
tor. The testator, by his will, gave to his widow certain
moneys due on a policy of insurance, and then directed
that his widow, and two other persons named as executors,
in his will, should hold his real and personal estate upon
trust, to permit the widow to receive the income for her
life, and after her death that it should be applied for the
benefit of the children who should then have attained
twenty-one years of age. The will contained a direction
to the widow, with the consent of the executors, to carry
on the business for the benefit of herself and the children.
The minutes of decree had been prepared which directed
the usual inquiry as to the children, and then the usual
accounts as to the real and personal estate of the testa-
tor. Now it was represented on behalf of the widow
that she carried on the business and had maintained her-
self and her children ; and she had raised the question
whether, having carried on the business on behalt of her-
self and her children, she was now liable to render an
account.

Mr. WEBSTER said he appeared for the widow, and
contended that the words of the will would justify the
widow retaining a portion of the profits of the business
for herself and children.

His HONOUR asked to see a copy of the will.
Mr. WEBSTER said there was no copy of it in Court.
His HONOUR said, that being so he could not go on
with the case. If an account of the profits could be
taken without expense he was willing to save the parties
that expense. He would rather not take any account of
the profits without there was a necessity, for it might be,
when he saw a copy of the will, it might not be neces-
sary if she had been maintaining the children all the
time. His Hcnour eventually decided that the children
might take an account now without any prejudice to the
question of construction.
(Before Vice• Chancellor Nk.:icnAst.)
His HONOUR was occupied during the morning in
hearing short causes of little or no Lublic interest.

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