The Sun.
London, England, 1849-03-19 00:00:00

BURRELL V. MAI3ERLEY.

The further arguments in this part-heard case were
resumed to-day. The suit was instituted for the
purpose of establishing the will of the late
Thomas Ba.kerfield, and to carry the trusts thereof into
execution. Thomas Baskerfield, formerly of Redburo,
in the county of Hertford, but at the date of his will of
the Friary, in the town of Colchester, in the county of
Essex, by his will, dated the 20th of December, IAS,
gave several legacies, and among others, 1001. stock to
each of his twelve first cousins, eleven of whom he
named, and the twelfth, Captain Thomas Alston Bran-
drett, he remarked, beimg then dead. he gave the bequest:
intended for him to his children. The testator then gal",
all his residuary real and personal estate to his wife for
life, including the house he then resided in in Colchester;
and then the will proceeds thus:—" And from and after
the death of my dear wife, and not before then, I give
full power to my executors, their heirs and assigns, to
collect all my property together, and sell the house and
other estates, and convert into money all my funded
property, and then pay the following legacies," and
he here enumerated them, " and then the whole of the
remainder of my property to be divided, share and share
alike, to my aforesaid twelve first cousins and their chile
dren." The testator appointed Horatio Cock and James
Maberley executors of his will, along with his wife, and
died in the year 1816. The original bill was filed on
the 20th of February, 1825; to establish the will, and
carry out the trusts thereof, and a decree was made ac-
cordingly; but no construction was put upon the resi-
duary clause, whereby the property was disposed of atter
the death of the wife, the tenant for life. The wife be'
ing now dead, and the period for putting a construction
upon that clause having therefore arrived, the cause
came on again upon further directions; it appeared that
the twelfth first cousin, Captain Brandrett, had died,
leaving issue in the testator's life, and that. the other
eleven were living at his death. It appeared, also,
that seven of these eleven died without issue, and
four had children, and that several died in the lifetime
of the tenant for fife. The property was not sold nor
converted; and the questions now were, first, whether
there WAS an imperative trust for conversion; second,
whether the period of vesting was at the death of the
testator or of the tenant for life; and third, whether the
children of the first cousins took by substitution for their
parents by way of purchase, or whether the term was
used as a record of limitation.
Mr. KENYON PARKER replied this.' morning at owns
length, and

The MASTER of the BOLLS postponed his judgment.

VICE-CHANCERY.--(THIS DAY.)

(Before the Vice-Chancellor KNIGHT BRUCE.)
His Honour was occupied during the morning in hear-
ing bankrupt petitions.

EX PARTS WALKER, IN RE SANGAR.

Mr. OSBORNE said this was the petition of Mr. Charles
F. Walker, who is the treasurer of a certain charitable
society, established at Bristol, and it prayed that the
petitioner might go in and prove a debt under the fiat.
The bankrupt was one of the committee of an asylum at
Bristol, called the Poor Orphan Girls' Asylum, and it
seemed he took an active part in the management of the
charity, and acted as a sort of honorary secretary to the
committee. On several occasions it happened that he
reported at meetings of the committee that certain cre-
ditors f the institution required to be paid, and there-
upon the committee drew cheques in favour of those
parties, and the bankrupt took possession of those
cheques for the purpose of discharging those debts. In'
steal of doing that he appropriated the whole or the
greater par tof the moneys to his own use. He also re-
reived certain subscriptions from the members of the
instituti‘,n, which he did not account for. He (Mr.
Osborne) believed that so much as 1,0001. had been ap-
propriated by the bankrupt to his own use. Under
these circumstances, the petitioner prayed to be per-
mitted to go in and prove in respect of this breach of
trust.

His HONOUR—What has he done with the money?
Mr. OSBORNE said he had appropriated it to his
own use.

His HONOUR—Is the petitioner the treasurer of the
institution?

Mr. OSBORNE replied that he was ; and
His HONOUR said he: thought the petitioner, in that
capacity, might be permitted to prove such a debt as be
might be able to establish.
(Before Vice-Chancellor WIGRAH.)
ROBINSON V. SHEFFIELD.

His HONOUR was occupied during the morning in
hearing the further arguments of counsel in this cause,
which was a motion to appoint a receiver, and had been
partly heard on a previous day.
Mr. P. Wood was counsel for the plaintiff, and the
Solicitor- General represented the defendant.
The Vice-Chancellor of England did not sit, there
being no cause on his paper ready for hearing.

BANKRUPTCY.—(THIS DAY.)
(Before Mr. Commissioner SHEPHERD.)
THE JENNY LIND STEADIER—IN RE CHEETHADC
This bankrupt had carried on business as a steam-boat
builder at Frindsbury, near Rochester.
Mr. DUNCAN appeared to support a claim for a Mr.
Cunningham, for 7001. for damages by way of penalty for
non-performance of a contract in completing a steam-
boat called the Jenny Lind, bankrupt having entered
into an agreement to complete or forfeit 101. per day.
His HONOUR did not think the form of the deed
showed any liquidated damages, and therefore the proof
must be rejected.
Mr. DUNCAN said, under these circumstances the
right would survive, although the certificate should be
obtained. He then tendered a proof for 2001. for monies
advanced beyond the value of the work done, but it sr'
peered that the bankrupt had expended 4451. more than
he had received.
The bankrupt then passed his examination.

SURREY SESSIONS.—(THIS DAY.)
The adjourned sessions for the county of Surrey nom"
menced this morning, at the Court House, Newington
Causeway, before J. W. Freshfield, Esq., and a full
bench of magistrates.
The Calendar contains the names of 105 prisoners.
The CHAIRMAN addressed the grand jury, who retired
to fulfil their duties.
James Munday, a pauper, belonging to Guildford,
was indicted for breaking out of the Guildford nail'
and stealing therefrom a quantity of wearing apparel'
the property of the guardians.
The prisoner had been for some time an inmate of the
union, and retained a very bad character, having been
several times in prisons for various offences. At 0°
latter end of February he broke out of the house, taking
with him the property mentioned in the indictment.
The: jury found the prisoner Guilty; and the Court
sentenced him to seven years' transportation.

MARLBRO*-STREET—(TiiIS DAY)*
Richard EuMoan, John Creasy, and Michael Callaghal
were cbarged before Mr. Bingham with being drunk ell"
riotous, and assaulting the police while in the execution
of their duty.
Police-constable, C 2, stated that at about half-past two
o'clock on Sunday morning he was on duty in Oxford'
street, when his attention was called to the prisoners,
who were much in liquor, quarrelling with some women.
Witness desired them to go away peaceably, when the,'
commenced fighting with each other, and made use of
the most abominable language. Witness again requested
them to leave the spot, when he was assailed by Sullivan,
who came behind him and knocked him down; the otber
two prisoners then fell upon him and struck him several
times. Witness called out for assistance, when the pri-
soners ran away. They were eventually stopped 151
another constable and taken to the station-house..
Police-constable, D 208, said he was on duty 111,,
Oxford-street on Sunday morning, when he heard Ins;
witness call out for assistance. On his way to the eN,
he met the three prisoners, and detained them till hi'
brother constable came up, when they conveyed theca to
the station-house.
The prisoners, who denied the charge of assault, were
severally committed for a month to the House of Cor-
rection, with hard labour.
A well-dressed man, who gave the name of John Mugs;
grove, was placed before Mr. Bingham, charged wl;
having indecently assaulted police-constable A 73, Wlll
on duty in Hyde-park on Friday night.
The charge (which is not fit to be reported) bays
been proved, Mr. BINGHAM committed the prisoner for
trial.

THE ACADIA STEAMER.
The following letter has been received at Lloyd's utie
morning :
AMSTERDAM, MAME( 16.—The Acadia steamer'
Jackson, from Liverpool to Bremen, which was on shore
on the Outer Grounds near Terschelling, 12th instant►
was got off on the following day by the assistance e'
pilots, and taken into Tersehelling, having sustained b 0
slight damage, and will promptly be able to put to see
again.

GENERAL SIR JOSEPH THACHWELL.—We ob.
serve, in the columns of a Sunday contemporary, a coin'
munication from an angry and not over-wise coal
spondent, who impugns the correctness of a statement
lately made by us, respecting the distinguished officer,/
above-named, in which we spoke of him as the sacs
in command." The writer, though introduced to the
public as one " whose authority is unimpettebsibeleh'
only betrays his extreme haste and carelessness.
-. 7,43
had taken the trouble to consult an East Indian (Be
gal) Directory, he would have found the rank Of tr
major-generals of the army of the Punjaub thus ""b
signatil :—Sir Joseph Thackwell, major. general, 14:2,1'1,
January, 1837 ; Sir Walter Gilbert, major general, 2',„"
June, 1838; W. S. Whist), inajor-general, 23d Nove—;
ber, 1841. We were, consequently, perfectly
Ca 0
in stating that Sir Joseph Thackwell was " second
command" under Lord Gough.—Chronicle.
GREAT NORTHERN RAILWAY.—A further otter'.
sion or this company's line through Lincolnshire, frfromLincoln to Gainsborough, 16 miles, is ready for opel3l
re .
As it will be the first railway is
into Gainsborougb, it
expected that the townspeople will have a holiday is
honour of the event. Mr. Cubitt, the engineer,
now commencing this company's extension line throng
wn rk,
iJ-krceAtgllßE AND YORKSLIIRP. AND EAST LAI:
rind Mr. Hacking met nt
Olt um day) I.,cruiv,,, alit} cafe() to
.L.
amicable arrangement of matters in dispute between 1414
two companies. We therefore hope we shall not be v
a repetition of Monday's folly.—Manchester Exa .