The Sun.
London, England, 1825-02-14 00:00:00

Institution, of all others, the most conducive to-the permanent
prosperity of the country.
Mr. MAxii mo,(the Bank Director) briefly returned thanks
on the part of the Bank.
Lord Ll'7Elll'ool., before taking leave of the.company, said
he was desirous of giving one •toast more—one he had often
given, and one that should never be -forgotten, asit was Ore
best and securest bulwark of all our power And greatnotei
" The Wooden Walls of Old England."
Lord Liverpool and Mr. Canning (who were lothltys cheered
as they passed through the .room), as well as the greater part of
the company, retired at a few minutes after ten o'clock. The
utmost regularity and good order prevailed throughout the
evening.

UNIVERSITY INTELLIGENCE.

OXFORD, FRB. it

City of Oxford'
The fourth Council of William Slitter,
in the Esq. Mayor of the said City, holden in
County of Oxford. the Council Chamber of the said City,
on Monday the 7th of Feb. 182$.
The Mayor having laid before the House a Deed, dated the
Ist instant, whereby the University have released and discharg-
ed this Corporation from their obligation of the 15th of May,
31st of Edward 111. and from all payments under it, and from
all services and offerings on the day of St. Seholastica in lieu
thereof, and have cancelled and annulled the said obligation

for ever—
Resolved unanimously, That the warmest acknowledgments
of this House are due to the University for this act of grace and
favour, important in itself, and rendered doubly acceptable by
the manner in which it has been conferred.
The Mayor having also laid before the House a note from
the Rev. the Vice-Chancellor, wherein, after noticing the plea-
sure with which he transmitted the above instrument to the
Mayor, he repeats his cordial wish that the most perfect har-
mony may ever subsist between the University and City—
Resolved farther, that, highly sensible of the kind and con-
ciliatory disposition shewn by the Vice-Chancellor personally, '
and by the whole University collectively, towards the City upon
this occasion, this House, whilst it testifies its hearty concur-
rence in the wish expressed by the Vice-Chancellor, records with
sincere satisfaction its firm conviction, that-the prevailing good
understanding between the two bodies cannot but be perma-
nently strengthened by the issue of the late communications,
calculated as it is to confirm and perpetuate in the Citizens of
Oxford the sentiments cf respect and attachment to the Uni-
versity.
At the above Council, the sum of 1001, was voted towards
building a new church in the parish of St, Clement, and 501.
towards the improvements in Magdalen parish church.
Wednesday last the sum of 2001. was voted in Convocation,
from the University Chest, towards the rebuilding of St. Cle-
ment's church.

ECCLESTASTICAL PREFERMENTS.
- The Rev. James Hoste, A.M. to the Vicarage of Barwick,
Norfolk ; patron, Airs. Hoste, of Barwick Hall, widow.
The Hon. and Rev. A. A. Tournour, to the Rectory of Gar-
veston, Norfolk ; patron, Sir Wtn. Clayton, Bart.
The Rev. It. Pulleyne, to the Vicarage of Sherringham,
Norfolk ; patron, Bishop of Ely.
The Rev. John Wood, M.A. Fellow of Pembroke hall,
Cambridge, has been presented to the Vicarage of Santhorpe,
Norfolk, by the Master and Fellows of that Society.
The Rev. W. 11. Dickson, to the Vicarage of Wistovr,
Yorkshire.
The Very Rev. Vesey Fitzgerald, Dean of Emly, to the
Deanery of Kilmore.
At a full Meeting of the Governors of the Charter-House, on
Saturday last, the valuable Living of Castlecarnp* Cambridge-
shire, was presented to the Rev. Mr. Pearson.

LAW INTELLIGENCE.

ROLLS' COURT, FED. IQ.

MARIE V. C.I3IAC.

This case, Which has been for some time In Chancery, and
which has attracted more than ordinary interest from the station.
of the parties -in society, came -on before the Master of the
Rolls, for judgment, this evening. It appeared, in the pro-
gress of the cause, that the plaintiff, Mr. Marie, and the de-
fendant, Colonel Caniac (late of the Guards), married two sis-
ters, daughters to the late Mr. Winifere, and sisters to Mr.
George Winifere, of Bottenhasu Park, in-Suffolk, also deceased.
Mr. Marie married several years before his death, and .eontinued
to reside with his wife, at her brother's house, up to that period.
Mr. George Winifere died in October, 1314, and bequeathed, by
a will, dated February, 1809, his large estates, conjointly, to both
his sisters, with the proviso, that either dying unmarried, or with-
out children, the whole property should go to the survivor. The
will was attested by three witnesses, but there was no attestation
in the ordinary form to it, and a case was submitted to Sir Sa-
muel Shepherd, then Solicitor-General, to ascertain its validity;
and in consequence of that opinion, the will was proved in th e
Ecclesiastical Court, and administration granted Mrs. Marie
and the present Mrs. Camac, then Miss Henrietta Winifere.—
A deed was entered into the following year, between the sisters,
by which they agreed to convey the whole of the estates to Trus-
tees, after paying the incumbrances, to secure to Mrs. Marie a
moiety of the residue. This deed was executed in N0v.1815, and
the object of the present suit was to compel a performance of its
covenants on the part of Mrs. Camac. The objections raised by
that lady, and her husband on her behalf, to the performance,:
were first that Mr. Marie acquired an undue influence over her .
brother, in inducing him to snake the will above alluded to. Se-
condly, that a suspicion was entertained that the will was forged,
and that even if it were not, there was reason to suppose that some
other will of a later date, altering the effect of these dispositions,
had been made and suppressed by Mr. and Mrs. Marie; and,
lastly, that Miss 11 enrietta Winifere executed that deed with-
out due consideration, and without the assistance of proper and
sufficient legal advice. Miss Henrietta Winifere married
Col. Caniac In 1321, and their marriage settlement was founded
on the anterior agreement between her and Mr. and Mrs.
Marie. Soon after Colonel Camac's marriage, he refused to
abide by the condition of the agreement, and Mr. Marie filed
the present bill to compel their performance.
His. HONOUR the MasTEn of the ROLLS, after reciting
the facts of the case, proceeded to observe, that the grounds
set up in resistance to the performance of the contract were
altogether nugatory and unavailing—with respect to the first
point, that Mrs. Marie acquired an undue influence over her
brother, in inducing him to execute the will in question, it must
be observed that the will was made at least five years before his
death, and that there was not evidence to shew that Mrs. Marie
had at any time exercised such influence, or that testator was a
person likely to be affected by it, and in that respect the defence
had wholly failed. With regard to the second point, thecharge
of forgery was evidently unsupported; at the first opening of
the case, and; indeed, in the progress of the cause, it was alto-
gether abandoned as without the shadow of a proof, and the
same insufficiency of evidence existed as to the probability of a
subsequent will having been made and suppressed by Mr. and
Mrs. Marie, and it was evident that Miss Winifere 's own im-
pression was that the will was genuine, from the fact of her hav-
ing taken Sir Samuel Shepherd's opinion upon it, and her sub-
sequent taking out of administration in the Ecclesiastical Court.
As to the last point, that Miss Henrietta Winifere executed the
deed between her and her sister, without due consideration, and
the benefit of sufficient legal advice, that was equally groundless
with the other attempts at justification. For-the fact was, that
Miss Winifere was 27 years of age at the time of the execution
of the-deed, and the evidence-in the cause skewed that she was
attended by the Solicitor of tliefamily, who took her instruc-
tions on the subject, -and fully explained the nature and con-
tinence of the instrument previous to its ratification. This
,was further shewn, not Only by the evidence of other par-
ties, but by the lady's own letters, in which the subject
was discussed in 1815. On this head 'there was the fullest
proof to shew, that both the -parties to the deed were fully
I aware of, and perfectly satisfied with its provisions, and that
neither expressed any objection -to any part of it when it
was read over in their presence, and executed by them on
the 15th of August, 1315. The evidence spewed that Miss

Winifere was not only competent: to act on her own behalf, but
that she was, previous lo the execution of that instrument,

/
and at the time itself, fully aware of her own rights, as
well as what she was relinquishing, and that she acted from
motives honourable to herself, from a desire to carry into effect
the intention of her brother. There were three distinct ratifi-
cations on her part to the contract; first, having administered
to the will ; secondly, having filed a bill for a specific perform-
ance of the deed ; and lastly, her marriage settlement with
Colonel Came being founded upon it. Under all these cir-
cumstances, no doubt that the defence set up in this case bad
altogether failed, and that Mr. Marie, the plaintiff, was en-
titled to the prayer of his bill ; and the decree of the Court
therefore was, that Mr. and Mrs. M. was entitled to a decree
against Mr. and Mrs. Carnac. With respect to the question of
costs, the Court could not shut its eyes to the nature of the de-
fence, and to the charge made in the answer of forgery, sup-
pression of the will, and undue influence on the testator ; and
while it saw that the substantial grounds of defence had -alto-
gether failed, and that charges of such a nature were made
without evidence to support them, it would not be doing justice
to the plaintiff if it did npp
ot enforce the specific perforrnance of
the contract against the defendants, with costs. The Court
was unwilling to make further observations on the answer, as it
did not recolktt an instance within its experience, where such
an answer was put on its filet;.—JUdgment for the plaintiff,
with costs.--f Obzerver.)