The Sun.
London, England, 1836-11-25 00:00:00

VICE-CHANCERY.-(THIS DAY.)

THE MARQUIS OF BREADALBANE V. THE MARQUIS OF
CHANDOS.

The VICE-CHANCELLOR gave judgment this morning in
this important case. He stated that it appeared upon the
face of the answer, and upon the documents produced in
Court, that the late Marquis of Breadalbane lived and died
a domiciled Scotchman. He had three children—the pre-
sent Marquis, the present Marchioness of Chandos, and
Lady` Pringle ; and an express clause was introduced into
her marriage which barred her legitim. Before the death
of the late Marquis of Breadalbane, a question arose be-
tween the present Marquis and Lady Chandos, whether
she was entitled to her legitim. It appeared that she was
married in 1819 ; and upon' the treaty for that mar-
riage Lord Lauderdale was considered as the adviser
and friend of the Marquis of Breadalbane and Mr.
G-reville was the adviser and friend of the Duke‘of Buck-
ingham. The form of the sketch of the marriage settle-
ment was left to them, and upon that ;ketch the general
scheme appeared to be that the Marquis of Breadalbane
should pay down a sum of 10,0001. upon the marriage, a
further sum of 10,0001. within a few months, and a further
sum of 10,0001. within six months after the death, in
consideration of which the Duke of Buckingham was to
settle several large estates in England and Scotland
and the "West Indies upon the Marquis and Marchioness
of Chandos and their children. Mr. Vigard, a London
solicitor, was the solicitor employed by the Marquis, and
Mr. Robson was the solicitor of the Duke of Buckingham.
The marriage settlement was drawn up by Mr. Hodson,
which, after containing the particulars of the estates to
be settled, contained the usual powers of appointing
new Trustees, and all the other necessary clauses. The
settlement, however, did not contain upon the face of it
any contract whereby Lady Chandos gave up her legitim.
In the year 1834 the Marquis of Breadalbane died, and
upon his death a process of multiple poinding was insti-
tuted, whereby- all Persons claiming upon the personal
estate of the Marquis were called into Court, in order that
their claims might be adjusted. The Marquis and M archioness
of Chandos and the present Marquis of Breadalbane were
parties to the suit, and it was insisted in that suit upon the
behalf of the present Marquis of Chandos, that his lady was
entitled to the legitim. It was, however, insisted on behalf
of the Marquis of Breadalbane, that she was barred by the
settlement that had been made upon her marriage. The
Court of Session decided that she was entitled, and that
decision was affirmed upon appeal by the House of Lords.
The question now before the Court was, whether the set-
tlement which was to contain the usual and proper claims,
ought to have contained a clause barring her of her
legitim. The Marquis of Chandos bad instituted
proceedings for the purpose of putting in force the judg-
ment of the Court of Session, declaring his lady entitled to
to her legitim, and the case now came before the Court
upon motion for an injunction to restrain the Marquis from
obtaining the money, as other proceedings were pending.
His HONOUR thought he ought to take some steps with re-
spect to ,securing that fund, and he should therefore grant
the injunction as asked, until the important question in-
volved in the cause had been fully discussed ; and, in his
Honour's opinion, the sooner the matter was finally settled
by the highest authority the better.
Mr. Be RGE, on behalf of the Marquis of Chandos, begged
to observe, that notwithstanding all that had been said to
the contrary, he had most carefully abstained from taking
any steps till his Honour's judgment should be given.
The VICE-CHANCELLOR said that he had more than
once expressed his conviction that Lord Chandos would
have such a sense of delicacy that he never would think of
I meddling with the fund while the matter was pending be-
fore him.