The Sun.
London, England, 1849-11-20 00:00:00

LAW INTELLIGENCE.

CHANCERY.—(THIS DAY.)
The LORD CHANCELLOR sat in his court in the Oh.
Hall, Lincoln's Inn, to-day, and gave judgment in seyera
cases.

MIK V. INSALL.—JUDGMENT.
The LORD CHANCELLOR gave judgment to-day in this
case, which was argued before him some considerable
time since, upon appeal from the decision of the Vice-
Chancellor Wigram. The question in the suit was,
whether certain real estates were available for the pay-
ment of the debts of a person who died intestate as to
those estates. Thomas Stanley Hill died in March,
1837, intestate as to his real estate, which was of the
annual value of 1,6001 His personal estate produced
near 3,0001., but his debts were more than 17,0001. He
left an only daughter, his heiress-at-law and a minor,
who during her minority intermarried with Insall, one of
the defendants. Before the marriage, articles of settle-
ment were agreed to, containing a proviso that the
parties thereto might, within six months after the
infant heiress attained her majority, vary the limita-
tions, and revoke the uses of the settlement, if they
did not interfere with the provisions made for the
wife. In November, 1838, shortly after the mar-
riage, a bill was filed by one of the simple contract cre-
ditors of the intestate, to make his real estates liable,
but, in consequence of an assurance that Mrs. Insall, on
attaining her majority, would make a provision for that
purpose, the suit was not proceeded with. On the 2d of
May, 1840, more than six months after she came of
age, a settlement was made, containing a power of re-
vocation, and two days afterwards that power was
executed by a deed, providing for the payment of the
intestate's debts, by a sale of the real estates. Sales
were accordingly made, but objections were taken by
one of the purchasers, that as the settlement had been
executed more than six months after the infant attained
her majority, no power of re vocation ought to have
been inserted in it. An amicable suit was instituted
to settle that point, and the case was argued. before
the Vice-Chancellor of England in July, 1844. By
the decree it was declared that, as between the parties
before the Court, none of them being creditors, Vs
settlement thus made after the marriage, in pursuance of
the articles, was invalid, and that the trustees held the
estates on the trusts of the articles for the benefit of the
children. In December of the same year, Mrs. hull,
being dead, the present suit was instituted by the cre-
ditors, Mr. Insall, and the children, to have the estates
sold for the payment of their claims on T. S. Hill, the
intestate. The Vice-Chancellor Wigram was of opinion
that although the articles of August, 1837, precluded
the husband, during coverture, from coneurring in any
act inconsistent with their terms, yet that they were not
binding on the wife; and; as she died without confirming
them, the effect of that absence of confirmation was to
allow the estates to descend to her heir still liable to the
payment of the debts of Mr. Hill. With respect to the
deeds of May, 1840, the Vice-Chancellor of England by
setting them aside had restored the plaintiff to his
original rights, and therefore in either way tho estates
were liable to the payment of debts.
The LORD CHANCELLOR, after going at some length
into the facts of the case, and the authorities bearing
upon it, stated his opinion clearly to be that the judge-
ment of the Court below was correct, and ordering it to
be affirmed with costs.
MANGLES R. DIXpN.—JUDGMENT.

The LORD CHANCELLOR also gave judgment in this
case, which came before him upo❑ an appeal from the
decision of the Vice• Chancellor Knight Bruce. His
Lordship ordered the Bill to be dismissed against Messrs.
Dixons, with costs, which was in efft,ct reversing, in the
greater part, the judgment of the Court below.

IiNIGIHT V. BIA/ORIBANKS.
The further arguments on this part-heard
appeal from the judgement of the Master of the Rolls
were resumed, and occupied the Court till its rising,
The Lord Chancellor rose at an early hour to at-
tend the Prorogation of Parliament.