The Sun.
London, England, 1813-08-16 00:00:00

LAW INTELT,IO;NCE

COURT OF CHANCERY AVG. 14.

• • .HXVNIAItIt ET- Tti EATItE.
‘vmsTros., v. mottos.
Mr.. LEACH having moved in this case for on
Order on Mr. Morris, within 14 days, to pay the
tradeSmen's account; ; also to. 'pay fntu the
banker's sums In his-phSsession ; and to
leave ail accounts, and- documehts relative to the
Treasufy tor inspection;
:.TheLotto.-GuAtvcat.Lowasked why'no motion
an the Subject•;.had been Madeduting lie preced-
ing Season.tor 'in the Course of last Miehaelmas•
Term Lordship was .not to scud to the
Master in vacation to take the account of the
Haymarket Theatre. He ordered, liOwever,•that
MeSSrs." IVinston and Colman --should 'Dave in-
spection of the accounts, and it should go to
the Master (not the Master in vacation) to take
the account ty to this time •
Mk. BELL said, in the ease of Morris and Col-
man, be was now ready to take the issue his
Lordship had offered him.
The LORI) CHANCELLOR accordiudy 'ordered
an. issue, in Which Mr. Colman was to-he the
plaintiff, for the purpose of . 'the question,
-whether Alr. Colman had hitherto duly disoliatged
the duties of Manager of the Haymarket Theatre,.
and, if he was now capable of discharging those
duties.

SITTWELL V.SII4I7)WELL.

, .
This was a petition, praying that his Lordship
would not confirm the.MastiT's order., ►iikpointing
Mrs. Sittwell guardian to her son. Tin! petition
Of MTS. Sittwell, and the petitiot of
..Mr. Mamie
and Mr. Clark, severally, praying, that 'the grim.-
dianship of the minor Might be conunutr.d to
them, had been referred to the,Master. The pe,
tition of Mrs. Sittwell: stated,' that she was the
Mother of the minor, and that should the gnar-
dianship be intrusted
,to here she would re-
side in England ,; she now ,residing in Scot-
land, and proposing three, several plans of edii-
eationfor the. miner. 'The-petition of Mr Mattle
and Mr. Clark stated, that tl.ey had been appointed
by the will of the tat her of the minor, but which
will, from not bein
,attested by two Witnesses, was
invalid; and it .wits stated to be their intention
that the minor should be educated at Eton, where
tt.son•-mf,Mr..Maule's was also edneating„ and that
he should spend- his vacatiinf at the house of Mr.,
-Mil* ift SlJliii.,,gar4ns :it ,y 45 also stated it die
rt4port, that the .otat", nt the'infant was about
4.',000.1. per annum.; !dint he was 16, years of age ;
!that his mother had a jointure of 500/:' pe
num ; and that he had three sisters and ono:bro-
ther, who had no. provision. The property cline
to hint frolu a great uncle. The master had re-
ported thatibere. was no Objection to Mr. Maule
and 'Mr. clurk, but be thought :Sittarell
mote fit. , ,

Sir S. ItOstiewv-and Mr. HART said, they were
at it,loss to conceive what objection Could possibly
he made to • the appointment .of Mr. Mairde and
Mr. ('hark, gentlemen of the itighest„characier
anti • respectability, and against whom Per,onaliy
the slightest abjection bad not even , been in.i-
,unated. !Ile; !Statile, from his attendance in l'ar.7
liament, tvas obliged to be a very constant resit
dent in this country; and 'from his connections
'aod.ncyliaintance, was ',every way well-suited to
introduce the Minor into that circle of Society ill
Which his fortune intitled hint to move The only
ground of objection that they could at all disco-
ver,---the only reason why' the wishes of the fa.
ther, which.wete his undoubted. Wishei, although
not formally expressed, shoold pot be, complied
with,—was, that a lady, with whom Mr. Sittwell
had cohabited for many y4..31.3) had, also been
named as a guardian. They d m
id not em) to ek•
cute, such illicit connection ; but, it was to tie re-
yollevted, that the -reason Mr..itt,„.vell gave 'for
appointing her was .the love that she hare to hit
son-; 'and this noniloation was not now wished Co
be enforced. The atithOrity. ot the Master in
appointiis .a • guardian was very' different -front
his appointing, a• receiver ;. the CopYt.• 'would
not controul the appointment of a receiver, but
(you'd weigh', with scrupulous accuracy, iris re-
• oit in the case of a guardian. The gentlemen
11
proposed svere.of imexceptimiable nmeals, and every
,i 4; fitted io.introilueolie minor, nito thatelass
of society in.which he ought to •live. Nothing
:cotild exectit their preteniiiins to the guardianship
.of the minor, which the father had: only formally
tailed in giving irrevocably to them; and that
Cotirti when exercising the
,4inty of
it found ',that. the father had sulicitantiallyalone,
what from iniint -of forui he had failed in legally
doing, viiitormly adopted the intention of the
latheri, As in the sense .of an illegitimate child;
altiroughlhe father haS no legal right tri appoint
a guardian, yet this Court always adopts the in.
tentittidf the father, when expressed. It would
itOt 'he contended that the tatlier!sright to appoint
was less, because the property lucid come from ano.'•
iherancestOr; It was pot disputedAut that Mrs.
Sittwell was uiu to ptidut of morality
and in point of integrity ;, but there,were points of
exception which were unanswerable. She resided
• out of they jurisdiction Of,the Court.; and although
that might be cured by her residing 41.174161nd,
yet telte Coiirt would. lock: to have the minor
stirroundtui with English connection:,, ' and,
formed to English habits. If ',she were dis-
posed :to, come to :England, her affections and
connections would be in another torintry ; and an
,Itiglish child, without saying that there was any
preference to be given, had:a right to expect an
English education,and con action, Neither was ths
strong antipathy that the fathetcherished,against
his. wife's family to be forgotten : it was proba-
bly without foundation ; but surely the fact of
such antipatliy!was material, when it .was.appa.,•
rent that the.hiother wouild-have merely the name
of guardian, arid those -very ret4itirit- so detested
by the father would be the real pratdhins; it was,
scarcely possible to explain witbont entering into
the affidavits, and they wire not; very welhidape.,
ed for public discossum.. , •
alte. LOilD CIiAtiCEL).O.II said
all the ‘•• • • .
lte should-read
This antipathy was at least a reasoit nskrhe shopid
not wkii the guardianship of his On should &com-
mitted to that family to which he ascribed bismis-
lkortunes, and by his having contracted an alliance
with which-he bud embittered all-his days. The