The Sun.
London, England, 1822-08-03 00:00:00

LAW INTELLIGENCE.

,COURT OF CHANCERY,-AuG. 2.
NEW, MARRIAGE ACT. .
EXPARTE DAW, TN THE MATTER Or PINCEE.
Mr. PRILLIAtoRE said,' that he had a motion to make on
the part of the next of kin in this case.—
The LORD CHANCELLOR asked Mr. Phillimore, if be was
aware that, in consequence of the late Marriage Act, his clint
was no longer next 6f kin ? He (the Lord Chancellor) did not
know what order to make in this case. The party's title, both
to the .real and • the personal estate, , under Lord Haxdwicke's
Marriage Act,-was.destroyed by the effect of thelate act.
Mr. PHILLIMORE said, as his motion, he. understood, was
one merely of course, he had not looked into it with any_atten-
tion, and was consequently taken by siirprise. Ws Lordship
would,Therefore, have the goodness to allow it to stand over.
ThesLoßD CHANEELLOR.--" Lgt it stand over for the pre-
sent. I received last night, and I have been for the last week
receiving, anonymous- lett.irs,- complaining of the operation of
certain clauses in that Act. don't know how to inform inv
correspondents of it, hilt I do not consider myself answerable
for any thing Contained in that act."

EDWARD WADDILOVE 7.N"i'HE MATTER OF EDWARD
LANOT.,EY, A;.Y, ALLEGED LUNATIC.'
Mr. HART in this case argued in suppOrt of the Cominission,.
He stated that the present petition came before the 'Court on a
caveat. : The petitioner was,.on.„of the grandsons of Mr. Lang-
ley. The. petition Stated, the supposed lunatic had
attained the advanced: 40e _erninetv years, and that in con-
sequence of this advanced - age Tie, was incapable of ma-
naging his pectiniary Affair's: Among other circumstances
which. Were brought forward to support this allegation,
on one occasion he was stated to have called upon the pe-
titioner to complain of the misconduct Of Mrs. Langley, his
wife, and in consequence desired Mr. Waddilove to procure a
lodging for him. The Petitioner, took him in hii carriage, and
after a circuitous route took him back to his own house,-which
he did not at all recognise, but supposed it to be the lodging.
On another occasion he complained to PetitiOner that all his
household furniture had been disposed of, When there was not
even the slightest ground for the Charge. This Petition was
supported by the affidavit of another grandson, -Mr. W. Wad.;
dilove, a solicitor, which stated that having consulted a Mr.
Green, as to the capability,of Mr. Langley to manage his
affairs, that that gentleman was of opinion that he was not. It
further stated, that the -supposed lunatic had thirteen t,rrancl..
children, but that he did not know any of them, but on the con-
trary, denied that he had either children or grandchildren ;
that he frequently went to the chambers of the deponent in
Lincoln's-inn, in consequence, he said, of the ill-treatment,
of his wife (for which there was not the slightest foundation),
and requested he rhight be accommodated in the chambers of
deponent. In the month of- March last, he made an applica-
tion of a similar description, and when.. informed. there was a
lodging at the cornet of Lincoln's-inn-fields; lie expressed him-
self satisfied, saying he should be safe there, as he had not any
smuggled goods about him. Other facts of incoherency were
also sworn to. The Learned Gentleman, 'after Commenting on
these facts at some length, concluded by hoping that, under all
the circumstances, his Lordship would grant'an inquiry.
Mr. ROSE followed on the same side. • -
Mr. HEALD stated that he appeared on behalf of Mr. Lang
theyentleman whom such a desire had been manifeSted to
render insane, in spite of his teeth, in order to serve the mer-•
cenary views of his Oandeliildren, which appeared to: bethought
more suitallte 'than to permit him to pass appeared to bethought
more suitate 'than to permit him to pass th,emainder of his
days in quiet in the bosom of his family. This gentleman having
arrived at the advanced age of 90, had naturally become irritable,
and this was the.faet especially witkrespect to pecuniary.affairs.
It. appeared that some time previous to the acts sworn to against
Mr. Langley as inclicativeof an impaired mind, that gentlemah
had made a will in favtair of his grandsons ; after which they
'turned round and asserted that from that time he was of an im-
becile mind: Now his Lordship would bear in mind that Mr.
W. 'Waddilove, the solicitor for the present commission, had
acted almost up to the present time as the solicitor of his grand-
father also. The. alleged acts were all coniprised within. six
months, and they had been judiciously so.confined, as it pre-
vented hini (1).1r.,340.141 from conarnenting..on; transaettens-
'which had taken place antecedent to that period ;not very cre.;
durable to that persons One of the facts sworn to as conclusive
of the unfitness of this gentleman to dontinue the management
Of his own affairs wit, that on his solicitor, Mr. William Wad:
dilove, informing him that he had-received a letter from a Mr.
Norman (on Whose estate Air. Langley had a mortgage of 7001.)
stating, that he wished to pay off-the money,' and desiring to
know whether Mr. Langley was willing to receive it, that gen.;
tleman replied in the affirmative. His grandson, however, in-:
formed him, when sometime afterwards lie asked for the monev,
that he must wait for-it until Norman had sold his estate. The
same person did, however, subsequently receive the turn on be-
half of his grandfather, who, after making several fruitless an;
plications to get it out of his Solicitor's hands, was obliged to
have recourse to another professional Gentleman, in order to
compel the payment. Then, for the phrpoie of saving his cha-
racter, he paid 4001. into the hands of The hankers, with an ad;
Monition not tci pay it over, as a commissioh of lunacy was
about to issue, keeping hack the- remaining 3001. for the pay.;
ment of his own coits,'inpursuing that' measure. • Such con-
duct he conceived was sufficient to irritate any person, and it
was necessary to expose the whole of these transactions, as no
man after he had attained an advanced age .would be safe, if
the Court sanctioned Such proceeding, from the rapacity of re-
latives. If this Solicitor had not confined himself within this
period, lie would Rave been able to shew his conduct in such a
light as to disgrace him forever. _ _

Mr. ILtuT -thou,* such expressions oughit, to be avoided-1.
his Learned Friend should confine himself to facts.

`-"Mr..HEALti was Stating nothing which was not contained in
the affidavits. • He was not in the habit of telling his Lordship
old women's stories.- Mr. Langley had in his firth year executed
a trust-deed in favour of Edward and William, his grandSnns,
which was prepared by the latter. ,Now, Mr. Heald would ask,
whether, if the petition had gone back to that period, that trans-
action would not hive disgraced. William Waddilove for ever ?
N-Vhatever'were the motives that induced the instituting this
measure, they were not good ones. it was a-singular fact also,
that, after this petition had; been orrte abandoned, it should
have been afterwards renewed: •
Mr. HART said, that all the blame attached to that measure
was alone attributable to himself.

Mr. H EALD was sorry for it—The Learned Counsel, after.
alluding to the conduct of Mr. W. Wgrldilove,in pretty strong
language, concluded by trusting' that his Lordship would
miss this Petition. .

Mr. HART replied, that if there were any blame attached to
keeping alive this matter, that blame rested in a considerable de-
gree with himself. When it was stated to him that the Gentle-
man at whose instanceit was first set on foot, was willing to"
abandon it, he having read the evidence intended to support it,
certainly thought that his client had erred in judgment, especially
when informed that Dr. Powell would be enabled to contradict
the affidavit of Dr. Latham. From these circumstances it did
appear to him (Mr. Hart), that some further investigation Was
necessary; not to induce his Lordship instantly to issue his
commis:4lon against the individual—very far from it ; but in
order that, after some-furthei inquiry, his Lordship might deal,
with this case' as he was in"the habit of dealing with those of
a similar complexion. It was perfectly, well understood that
there was an intermediate course in Which the Court was in
the eonstailt practice of dealing with eases of this kind. As
to the motives which, induced persona to come forward in this
manner, with diem his Lordship had distinctly said, he could
have nothing to do. However, he certainly considered that a
disposition on the part of Counsel to vilify:those motives, was but
to.) prevalent, an.l therefore he should consider it unnecessary to
call attention to this part of the present case, otherwise than with
a view to ask, whether it was fitting that men's characters should
be dealt with in a Court of Justice in a way of which this day
had furnished an example ? It was well known that that
which, passed in this Court (and he believed the observation
would apply to all others), was not as heretofore confined within
its walls, or to' persons who' happened accidentally to be pre-
sent ; but that accounts of its proceedings travelled abroad,
taking their atatenients.fromthe addresses bf Counsel, who of-
ten, instead of confining themselves to the reading of their
affidavits, 'indulged in invective, which the facts there stated
, would not warrant. II is Lord ship had heard him complimented by
his Learned Friend,forhis uniform zeal on the part of his clients.
'Whether that expression were intended ironically or otherwise,
he (Mr. Hail) knew not, but this he did know, that he could not
accuse himself 'with ever' haling attempted to blast the character
of an innocent man. His Lordship could not have forgotten the
terms which had been applied to the character of this young man.
and the justice of these terms. Mr. Heald had repeated, he would
prove, from the affidavits of his (Mr. Hart's) own client, repeat-
ing several times, " that nothing could be so wicked as endeavour-
ing to'tie up his benefactor and grandfather, and thkt from mo.

I tives themost corrupt;" adding, that such conduct alone was
I sufficient to prevent his sheaving his face in society. Air.
Heald had promised to support this., assertion by the affi-
davits, but his endeavours to induct his Learned Friend
to perform that promise had been unsuccessful. Mr. Hart said
that, therefore, he felt himtelf called upon to read .the affida-
vit alluded to, requesting, that those who were then in Court
would imbibe their impression from the facts there-stated, and
not from the licentious language of Counsel.
Mr. HEALD—I don't know whether his Lordship will permit
Such langage to be applied in Court, but if he. does, Mr. Hart
arid I must have an explanation elsewhere. -
Mr. HAnT—Poh ! pob I
The Learned Gentleman then proceeded to read the affidavit
of Hannah Langley, and Coneluded- by leaving the whole case
to his .Lordship's consideratige.
The LORD CHANCELLOR said that there_ was no class of
cases in which he experienced more difficulty and pain than
that to which the present,belonged. From a most accurate re-
collection of what had passed in this Court, his Lordship could
say, that previous to that of Charlton Palmer, in no case re-
presented,to be such as the present, a Comthission. of Lu-
nacy- would have issued. In arguments in cases of this de-
scription; his Lordship observed, that the feelings not only
of the parties -themselves were excited, but very frequently
the Counsel for those parties were inoculated with the
same impressions. The thing, continued his Lordship, has
,taken this course on the
_,present occasion, but I trust that
there will now- be an end of all that has passed at the bar
this day ; indeed I insist upon it. The party in the present-
case might very naturally be supposed to have angry
feelings on, the subject, for all the affidavits spoke of this Gen-
tleman as of the supposed lunatic, from which he might rea-
sonably entertain great apprehensions of a strait Waistcoat.—
This .was not, however, an application for a
,Complissio:k to
be directed against him as a lunatic, but it was an application
supported ,on the groUn4., that in consequence of the effect of old
age, his mind bad -beconit impaired, which species of inabeci-'
lity had unfitted him for the management of his pecuniary
affairs, and that therefore he ought to have some care thrown
around hint iu order to aid in their direction. In the case of
Charlton Palmer, decided before Lord Thurlow, it was argued
that .in this species of care the Court had no 'jurisdiction. It
was obvims that in cases of this description a man of any feel-
ing would hesitate long before he took this step, and it was rather
to be inferred, therefore, that too much tithe had elapsed, than
that the application had been prematurely made. With respect
ta the facts stated in the petition (putting the question as to the
dishonest motives of Wadclilove ou t of consideration) he did think
that some consideration ought to be given them. On one occa-
sion it was sworn that he requested to see three Sheriffs, because,
he said his relations were quarrelling about his property.—
Could any person doubt that such a span was incapable of ma-
nag* his affairs? His Lordship concluded by desiring that
Dr. Powell and Dr. Latham would -be so good as to make an
affidavit, and state to the Court their, opinions, not with respect
to idiotcy—not with respect. to lunacy, but with respect to pro-.
.
tecting himself\ agamst unpositjon.

VICE-CHANCELLOR'S COURT, AI:G. 2.
WATERS V. TAYLOR.

It will be recollected that this case, 'which has been so long
pending in this Court and the Court of ChanCery, Was referred
to the- Master, to report with respect to the claims of the
various creditors -under the estate. The Master has now re.:
ported with regard to a portion only of'those creditors. •-
Mr. HEALD moved by Petition on behalf of those creditors
upon whose cases the Master had reported,
_that the report
should be immediately acted upon, and that they should re-
ceive payment out of the funds of the estate.
Mr. RUSSELL appeared on the part of Mr: Taylor, and
consented to the Petition.
Mr. HART, on behalf of the Creditors for Whom no report had
yet been Made, opposed the application upon this single ground.—
that no steps could be taken towards the payment of any body
of creditors, unless the whole were included. The Master hav-.
ing reported only upon the cases of a small portion of the cre-
ditors, it could not be acted upon, and the Court would see hoW
manifestly unjust it would' be to those creditors who were
axeltulol,--if such a preference as was' no* applied for were
allowed.
• Mr. BELL and Mr. RAIVIER followed on the same side, and
resisted the claims upon similar grounds;
The COURT was of opinion, that the application must he re-
fused. Although it was a hardship upon the petitioners that
their claims should not be satisfied, as the Master had reported
upon them, yet it could not be snared that they should receive
payment to the exclusion of the rest of the creditors. - The
Master ought to have reported with respect to the claims of the
whole of their creditors, and not as a portion of them only;
Considering thepeculiar nature of the application, the petition
would be dismissed Without costs: