The Sun.
London, England, 1836-12-12 00:00:00

ROLLS' COURT.-(THIS DAY.)

POGSON V. POGSON.
This case came before the Court upon a supplemental
bill, the object of which was to have an account of the real
and personal estate of the testatrix, who by her will devised
certain freehold lands and tenements to trustees in trust, to
sell ; the proceeds of the sale to go towards raising a sum
of 20,9001., which was to be divided among her children in
certain proportions. The original bill was filed under these
circumstances :—The eldest son of Mrs. Pogson died, and he
being the heir-at-law, the will would have had to have been
established against him. The next brother was before the
Court, but the deceased brother, and the heir-at-law of the
testatrix, having left a widow,: whom it was represented at the
original hearing was in a state of pregnancy, and that it was
therefore probable the second brother would not turn out to
be the heir-at-law, a decree was taken with respect to the
personal estate of the testatrix, with the usual enquiry.
The widow having . since been delivered of a son, who
was now the heir-at-law of Mrs. Pogson, a supplemen-
tal bill had been filed against him, and it was, therefore,
now proposed to take the same decree against him as would
have been taken against his father had he lived, namely,
to establish the bill, to have an account of the rents and
profits of the real estate for a sale, according to the direc-
tions in the will. This was consented to by the defen-
dants.

FRENCH V. DONHUE.
The plaintiff in this case was the widow of the late Mr.
French, who for many years held the situation of Pay-
master to the clerks, porters, and inferior officers attached
to the East India Company's establishment in Leaden-
hall-street. His property, at his death, was sworn to be
under 1,500/. ; and amonst other property, he was pos-
sessed of sixty shares in the Eagle Insurance Company,
for which he had paid five pounds a share. The defendant
was a porter in the same establishment, receiving from 16s.
to 18s. per week, and had been on intimate terms with
Mr. French and his family. In November or December,
1832, Mr. French was labouring under a severe illness, and
the defendant, calling to see him, Mrs. French mentioned
that the Insurance Company had objected to transfer the
shares in the names of herself and her husband, and that it
would be necessary to transfer them to some third
person to hold them ; to which the defendant replied,
that would be the proper way. No individual was then
named as a trustee ; but on 12th December, 1832, Mr.
and Mrs. French, the defendant, and a person of the
name of Morris, attended at the Eagle Insurance Office,
and by a deed of sale, executed in consideration of 55.,
Mr. French transferred the 60 shares into the name
of the defendant. On a subsequent occasion, as it was
alleged by the:bill, the plaintiff, Mrs. French, applied to the
defendant for some memorandum of his holding ;the shares,
and that at her request he had signed the following agree-
ment :—" I, John Donhue, do hereby agree to give up to
Mrs. French all the shares belonging to me in the Eagle
Life Insurance Office, viz., those I purchased of Mr. French,
as soon as Mrs. French shall pay to me all monies owing
to me by the aforesaid Mr. French.-19th February,
1833. John Donhua. Witness, John Morris." There
was a debt of eight or nine pounds due from Mr.
French to the defendant for small parcels of tea which had
been supplied to him by the defendant, who availed himself
of the situation he held, and had acted as a dealer in tea and
tobacco. On thb 18th of September, 1833, Mr. French
died. His will was dated the 20th of August, 1831, and
in which a bequest of the sixty shares to his wife for life,
and at his death to his grandson, William Davis,
was erased. The evidence of the plaintiff that several ad-
missions had been made on the part of the defendant,
that he held the shares merely in trust for the plaintiff,
but not being able to obtain any definite answer from
the defendant with respect to them the plaintiff became
alarmed, and on the 15th of January, 1834, made in-
quiries at the Eagle Insurance-office, when she found the de-
fendant had sold all the shares. Under these circumstances
the plaintiff filed her bill tocompel the defendant to transfer to
her the 60 shares, or in case it should appear he had sold them
then that he might be decreed to replace and transfer
them in the name of the plaintiff. The defendant, by his
answer, stated that he had lent Mr. French 2801., for
which he had obtained the promissory note of French ;
that subsequently French had told him he could not pay
the money, but asked him to take a transfer of the
shares ; that he took the transfer, gave up the promissory
note, and thus became the owner of the shares, Mr.
French wishing him to keep the transaction secret. The
defendant also stated that he had accumulated a sum of
8001. by carrying on the business of a tea-dealer and to-

bacconist.
Mr. PEMBERTON and Mr. R. PARKER appeared for the
plaintiff, and submitted that a gross fraud had been prac-
tised by the defendant, who had prevaricated in such a way
that the Court could place no reliance whatever on his
answers.
Mr. ANDERDON, for the defendant, contended that the
statement in his answer was clear, and that there was no-
thing improbable in the story which the defendant told. It
was true his client had been induced by the importunities of
women to make certain admissions, but he submitted that
there was an infinitude of suspicion in the case of the plain-
tiff, and that at all events, if the Court should think the bill
ought not to be dismissed, it would send the case before a
tribunal where the evidence might be thoroughly sifted, and
the real nature and truth of the transaction arrived at.
The MASTER of the ROLLS, without hearing the reply,
decreed in favour of the plaintiff.

KING'S BENCH,(TifIS DAY.)

(Sittings at Nisi Prius, before Lord
Common Jury.)
NON-ATTENDANCE OF SOLICITORS.
At the sitting of the Court this morning none of the
cases on the list wore ready, and some time elapsed before
the parties were in attendance.

IENVIAN and a