The Sun.
London, England, 1838-04-23 00:00:00

ROLLS' COURT.-(THIS DAY.)

The Master of the Rolls on coming into Court this morning,
gave the following judgments :

WOOD V. WHITE.

The bill in this case was filed by the vendor against the
Purchaser of an estate, for the specific performance of the
agreement. The purchaser, the defendant, objected that the
plaintiff could not make a good title to the estate. John Wood
by his will, dated May 2, 1816, after giving a portion of his real
estate and his households goods to his wife forlife,and charging an
annuity of 5001. for her benefit on the rest of his real estate,
bequeathed all his real and freehold estate, subject to the in-
terest he had given to his wife, to his children, in certain por-
tions. The testator died in 1820, leaving his wife and five
children surviving him. The wife died in 1127, and it was
contended that the shares given the children could only be
sold under the powers given by the will, and that those powers
could be exercised only during the life-time of the widox. It
did not appear the trusts were continuing as the testator in-.
tended them to continue, and his Lordship was of
opi-
nion the power to sell was at an end by determination
of the trusts. Such being his opinion, it was not necessary
to consider the other important question that was raised as to
the validity of the rr,wer, on the supposition that the trusts
were continuing. Under these circumstances, the plaintiffs
were not entitled to the specific performance of the agreement,
and the bill must be dismissed with costs.

FERARD V. GRIFFIN.
The object of this suit was to ascertain who were entitled to
a sum of 10,000/., Three per Cent. Annuities, set apart to
answer an annuity of aooi., given by the will of the testator
in the cause, dated November, 1175.
His LORDSHIP was of opinion, on the true construction of
the will, that the plaintiff was entitled to the 10,000/.

VICE-CHANdERY.-(iHIS DAY.)

THE SOCIETY FOR THE DIFFUSION OF USEFUL KNOWLEDGE V.

BALowiN.
This case stood over from Saturday to to-day, for the pur-
pose of giving the defendants an opportunity of considering
INhether they would undertake to pay the amount that was
now due to the Society for the use by them of the steel
plates of certain maps. The case came before the Court
upon an application on behalf of the Society for an injunc-
tion to restrain the defendants from publishing certain
maps on their own account, which they had agreed to print and
publish for the Society of Useful Knowledge. The Court,
after hearing the arguments on Saturday, refused to grant the
injunction, and Mr. Knight Bruce then applied for a reference
to the Master to take the account. On the part of the defend-
ant it was contended that such it reference was unneces-
sary, inasmuch as the matter might be settled between
the parties. Mr. Knight Bruce insisted on his right to the
reference, but stated that he would not prosecute the order
for a fortnight, if the defendants would undertake to pay what
was due for the rent of the plates. The defendant objected to
this, on the ground that should a fiat be taken out in the mean-
time against Messrs. Baldwin and Cradock, they would
be made personally liable for the amount. Tho
subject was then ordered to stand over till this morn-
ing, in order to afford the defendants an opportunity
of considering whether they would give the undertaking or
not, and upon his Honour taking his seat to-day,
Mr. KNIGHT BRUCE wished to know from Mr. Wigram,
what course his clients determined to adopt.
Mr. WIGRA.M said that he had a proposition to make, that he
trusted would supersede the necessity of a reference. Ho
should propose that the defendants submitting to such order as
the Oourt should think right, the Court should ogler the de-
fendant to pay the sum of 1,9711. the amount claimed by Mr.
Jackson, in respect of the rent of the plates, without prejudice.
Mr. KNIGHT BRCCE—Then am I to understand that you
will undertake to pay that amount?
Mr. WlGRAM—Certainly. It is now in Court, and can be
handed over to your side immediately, if you will give a receipt
for it.

Mr. KNIGHT BercE—And you do not intend to move to
dissolve the order ?

Mr. WlGRAH—Certainly not.
The VICE- CHANCELLOR—Perhaps the better course will be
to order the payment of a round sum—say 2,0001.
Mr. WICIRAM—If your Honour pleases.
Mr. KNIGHT BRUCE—The 2,0001. is to be paid on account
of the rent of the plates now due, without prejudice to the
question of the amount due.
Mr. Wtoadtm— Yes.
The VICE-CHANCELLOR—WeII, I think that is very reason-
able, and it is creditable to all parties who are concerned in
a Society for the diffusion of useful knowledge, for nothing
shows the absence of useful knowledge so much as a long liti-
gation about nothing.--(Laughter.)
The COURT then proceeded to hear motions, but nothing of
public importance came before the Court previous to our re-
porter leaving.