The Sun.
London, England, 1836-08-06 00:00:00

BERNAL V. BERNAL.

Mr. WAKEFIELD supported a petition in this case for a
confirmation of the Master's report. By the will of a per-
son named Bernal, who died in 1696, his property was di-
rected to be distributed from time to time among certain
members of the Royal Family ; and, under the authority
of the Court, it had been so distributed up to a recent
period, when it was conceived that by the terms of the will
the distribution was limited to a certain class of relatives
now represented by two individuals, instead of being di-
vided among a number of claimants. After several preli-
minary proceedings, the 'Ratter was brought before the
Lords Commissioners, who directed an inquiry to ascertain
whether the testator at the time of his death was domiciled
in Amsterdam or in London. The Master had now found
that according to the statement of facts laid before him,
the testator died in Amsterdam, and was buried at Am-
sterdam, and was domiciled there at the time of his death ;
the fact of the burial being, as the Learned Counsel con-
tended, conclUsive on the subject, and there being no evi-
dence that the testator ever was in England.
Sir W. HORNE called his Lordship's attention to the
fact that the Master had not in reality reported on anything
which was not contained in the will itself.

Mr. WAKEFIELD declined to take the argument on the
will without the report.
The LORD CHANCELLOR, under these circumstances, di-
rected the matter to be referred back to the Master.

In consequence of several applications being made to the
Court for directions to the Masters to add together the
amount of separate bills of costs in the same cause, and for
orders to the Accountant-General to add them together,
when the Masters declined that duty.
The LORD CHANCELLOR should, in order to avoid future
applications, take an opportunity to speak to the Masters
on the subject.

VICE-CHANCERY-FRIDAY.

LINDSAY V. THE EARL OF BALCARRAS.

Mr. KNIGHT ;made a motion on the part of the plaintiff,
the Hon. Edwin Lyndsay, brother to the defendant, the
Earl of Balcarras, for the production of some documents,
and for payment to the plaintiff of the dividends of a sum
of 4,0001. stock, which the defendant had paid into Court
to answer an annuity of 1501., to which the plaintiff was
entitled under the will of his father the late Earl of Bal-
carras. The present suit had for its object the administra-
tion of the late Earl's estate. The objection which it was
intended to make to this motion, as it appeared from the
answer of Lord Balcarras, was of this extraordinary de-
scription :—His Lordship admitted his brother's title to the
annuity, and had actually paid the stock into Court to
answer it ; but then his Lordship imputed weakness of in-
tellect to the plaintiff; and set forth circumstances from
which it was to be inferred that the plaintiff was insane for
a period of 27 years, without ever suggesting the propriety
of a commission of lunacy to ascertain this important fact.
The answer submitted that the Court would not be justified
in directing the income to be paid to him. The question,
therefore, was, whether the plaintiff's acknowledged right
was to be intercepted and all his means of support to be
cut off by this plea of insanity.
Mr. JACOB in opposition to the motion, submitted that
whatever might be the effect of the case, as stated, upon'
the mind of his Honour, Lord Balcarras must be acquitted
of being actuated by any personal interest in his conduct in
the question at issue. He could not, by any possibility,
derive any benefit from the Court's withholding the an-
nuity from the plaintiff.
The VICE CHANCELLOR-Why 'does Lord Balcarras
apply for a commission of lunacy against the plaintiff?
Mr. JACOB replied his Lordship was altogether ignorant
of his brother's residence. In August last. he had been
removed from Scotland, and where he had been kept since
that period was only known to his legal advisers. The de-
fendant's solicitor had written several letters to obtain in-
formation on the subject, but had not been favoured with
any satisfactory answer.
Mr. KNIGHT instantly observed that was a wretched
subterfuge to avoid the issuing of any commission of lunacy.
The VICE-CHANCELLOR observed that, admitting the
Court had jurisdiction to give or withhold the money, a
much more serious question presented itself ; if the money
was refused, how was the plaintiff to exist in the mean-
time ? It seemed he had nothing in the world beside to
live upon, and his relatives did not seem disposed to notice
him, much less to provide for him.

Mr. KNIGHT assured the Court this small annuity was
all the plaintiff had in the world to procure him food and
clothes. This it was now sought to withhold. Such was
the way an Earl had thought proper to treat his own
brother.

The VICE-CHANCELLOR remarked there was an incon-
sistency in the conduct of Lord Balcarras which it was im-
possible for him to reconcile. He (the Vice-Chancellor)
could not understand how it was he now objected to suing
out a commisAion for the protection of his alleged insane
brother, on the pretence that he could not discover his
present place of abode, when his Lordship must have known
where he had been residing for the last 20 years, and under
what circumstances.

His HONOUR inquired whether the plaintiff had any other
brothers?

Mr. WRIGHT said the plaintiff had several relatives,
none of whom took the least notice of him.

The VICE-CHANCELLOR gave judgment without calling
for a reply, and could not but suppose a great deal more
than had been disclosed had occurred. On the motives of
the parties he had nothing to say. He could only decide
upon what appeared before him. It appeared to his Ho-
nour he had already sufficient security to warrant him in
making the order now asked for.

ASSIZE INTELLIGENCE.

OXFORD CIRCUIT—HEREFOIZD, Aua. 4.

The business of these assizes commenced here yesterday.
The calendar is extremely light, and contains no case of the
slightest possible interest. There are nine -causes only,
four of which are special juries. The business of the Crown
Court was finished early this morning, and both Courts
have been sitting at -Nisi Prins.