The Sun.
London, England, 1823-01-23 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCERY, JAN. 22.
LYNN AND QTHEIIS V. BEAVER _AND OTHERS.
his LORDSHIP was able to skin the Hall to.day, and on
his coming in he proceedettto give an elaborate judgment in
this matter, which was an appeal from an order of his Honour
the Vice. Chancer directing an issue to try who was the next
of kin of_the testator. It appeared. that a reference to the
Master had been made to decide that question between
the plaintiffs and defendants, and he reported that nei.
titer of them was the. next of kin, but that a Mr. Foster,
(not then a party in the suit,) was the proper next of kin ;
but that still being disputed by the plaintiffs, when it came
on before the Vice-Chancellor. on exceptions, he directed
the said issue, and the plaintiffs appealed to his Lordship,
praying for a declaration of this Court that the testator's exe-
cutor was a trustee for them of the testator's reversionary pro-
perty. (Foster was to be at liberty to attend the trial at the
Common Pleas, and join in the defence.) On the whole, his
Lordship never read a more unintelligent will in his life than
the one in this case on which the question turned. it was
the will of a Gentleman made by himself, without professinal
aid, thinking he knew something of law, when, in fact, he
knew nothing of it ; and his Lordship would have had much
difficulty in calling it a complete will, had it not been that the
Ecclesiastical Court had granted probate of it, which took
jurisdiction on that question out of . the hands of this Court ;
anti in consequence of that he was bound to consider it a corn.
plete will, and thought there were no words in it strong enough
to raise the presumption that the executor was a trustee for the
next of kin ; but that, on the contrary, he was himself bene-
ficially entitled to the surplus of the legacies. His Lordship,
however, felt such a degree of difficulty in dwitling on the
words of the will, either one way or other, that he said, it the
Gentlemen at the Bar wished at any titre to re-argue the ease,
he would be very happy to hear them. He ordered the bill,
therefore, to be dismissed; and all parties to be paid their cysts
out of the estate.

Kostairr thought his Lordship would have a difficulty
in dismissing the bill, and also allowing all parties their costs.,
Ilk Lordship replied, that if he could not.get to las wishes
that way, it was only changing the. language; for he would
order, that upon parties being paid their costs, the bill
should be dis Missed. •
Ilis Lordship stated to-dad', that be would give judgment in
" Mackay v. Todd," tii-morrow ; and he would postpone judg-
mcnt Cook v. Collinridge" till Monday..
After a few part-beard Petitions were spoken to, which stood
for to-day, the Bar proceeded with.motions, agreeable to what
his Lordship stated at the rising oldie Court yesterday, namely,
that he would bear motions to-day anti to-morrow.

rICE-CIIANCELLOWS COURT, JAN. 22.
IN RE BOYIIAND BENFIEI.I).
Mr. PoNBLANC.ItIE presented a petition on the part of Mr.
Boyd, the surviving partner:of the well-known firm of Boyd
and Penfield, praying that the petitioner might riot be called
on to pay interest on a debt of 3,5581. which had been proved by
Count Shulenberg on the estate of the petitioner and his part-
ner, and which sum had been paid into Court.
• It appeared by Mr. Ponblanque's statement of• the facts
contained in the petition, that in 1794 a loan was negovlateil
in this country for the service of the Emperor of Ciennany
under the authority of Parliament; and the petitioner and
his partner were the agents for negociating the loan. Count
Sliulenberg being et that time in this country, deposited in
their hands the sum of 3,558/. to be invesnel ny them in the
imperial loan on his account.' Ithappenel, however, from cir.
'clunstances that occurred abtrut the time, that the money was
not invested, but Boyd and Benfield pad Count Sbuleaberg the
interest regularly down to the year
,1800, when in conetefuence
of the confusion into which the C)ntinent of Europe and the
whole commercial world was thrown by the French Revolution,
which preventetilarge remittances arriving to Boyd and Ben.
field, they became unable to make good their engagements,
and a commission of bankruptcy issued against them. Linder
that commission debts to 'the anieunt of 70.000 i. hail been
proved, and had since been actually paid roll besides
which there was a considerable 'Surplus, now in Court, to
abide the claims of any other creditors who. inay appear. Count
Sludenherte had been offered the full 'alio:lnt of the debt proved
by him under the bankrupt's coninlissiOn, trliiclt wr the full
amount of the sum he had deposited with tberre; .but. he re-
fueed to receive it'unless he was also paid inti‘rest. Mr Ton-
'Annette submitted that a elaitt for interest on a debt due by a
bankrupt could not be supported,. and waa'rAtntrary sa
uge.:
Mr. BELL, on the same side, contended that ill.: ba.tikriiiit..
laws did not sanction Count Shulenberg's claim of interest,
and that there was rin instance of such a claim being allowed.
Even if the parties had not become liAlkrupti. and that .Count
Shnlenberg had sucdthem in a Court of Bobby ail his 4gett4
for not investing the money deposited with theni, ltecould
only recover the .principal sutn.- it he must go, for interest,.
his course must be to bring an action for damages in:a Court
of Law.
Mr. Moerr AOl3 1:, on the same side, contrasted the conduct
of Count Slittlenberg with that of .Mr. Baring; who was a
holder :of two bonds, of the petitioners for iti,taK each, and
when it was ascertained that there would be a surpluaof their
estate after paying all their creditors, generously thr:w one of
his bonds into the fire. .

„ .
.5.4.110a5tZ and Mt. 3►tr:ttiitvALl; opposed the_prayer of
the petition, and contended that Mr. Boyd had rendered hint.
self liable to iiay interest, by having made an offer Count
Shulenberg of half the interest in payment of the ts-holz.
The VidE-CitANcELLott took a review of all, the argu.
Ments that bad been urged on both sides, anti decided on the
ground of established precedent, that the interest should not
be paid.

, sTEwAtt'r MART,
Mr. SUGDENT called the attention of. the Cottrt.tii this' Case,
winch regarded the proprietors of the Courier newspaper, anti
which was argacd at cOnsiderable length before the recess., Re
wished to know when it would be Most comienient for his Ho-
nour to hear it. When the case was heard, it would probably
occupy much of the time of the Court.
The Wrest:.-CitACELLOtt said, that it will so loti sfrie
was argued that he 1it.41 inrgotten most of the points at ioue.
To-morrow wait the first day of term ; and Friday, therefore,
might be a proper day tiir hearing the case.

• COURT• OF KING'S BENCH,' JA*S. 22.
ti~ILLt it V. • CALDWELL; Tbis
wa an action brought by a ;ie.« man apinst the owner
of the ship New Liverpool, to 'recover a sum of 4(il. IJ3. 101
for Wages during two vOyagea'frOirt London to Qtieher end
Newfoundland. The defendant pleaded the Statute of
tetions.

„ .
Mr. ROTCH and Mr. Tat-rotiap were for the Ideintiff, and
Mr. Ou lINEY for the dependant.
No dispute was made as to the fact of-,the having
earned the wages he demanded, and the only point was to the
defendant's liability • to pay. principal ground of defehce
suggested watt, that the plaintiff might have been.pahl by the
defendant's partners at Quebec, who were interested in,the vex,
sel, but there was no proof that the plain tiff had hen in het
The matt of the vend proved that the pleintiff hid been hired
for the two voyages in question. In the course Ufa thirtivoyage,
during the late war, the teasel bad been captured by a French
privateer. More than six 'years bad 'elapsed, 'taut to .tahe
the 'case out of the statute of liottations, it was p{rovedthe mate that in March last he 'intidguced the plaintiff to br
the
defendant in London as one of the poor inen whqhad•beett cap.
hired by the French privateer, and to svhOrn wages were due.
Tit defendant on that occasion said ha,wopitltge anti see his
attorney about it. Upo4this statement-it, as tnntentied that
the plan-ultra claim was taken out ofh4e*operatioh of the
statute.
The CIIIEF,JLIST thOUght that the expression of the tie-
fendant, ” I will go to nay attorney," *as a tacit adDii,iiOri or
the debt, if the Jury" believed the. witness who swore that the
defendant had used that language.
The Jury found their verdict for the damages, 431. 15s. 101.
(mt.:silt:4N OF. FRAUD AND INSANITY.
P1.71-IDoN, ADNIINISTILATOIt, trrnis BROCK BRIDGE.
Mr. GURNEY sated that the question in this case was one
of great importance it an action brought by the admini-
strator of DOC Jane Evans, deceased, to recover a considerable
suin of money which the defendant had possLssed himself of,
and converted to his own use, by means of his influence over
this female, who was a person of such v.•ea.h. intellect that she
was known by all the boys in the street by the name of—mad • Jane Evans. She had some property in the funds, the ant, rest
of • which supported her; she continued to reside with a wi-
dow, Mrs. Punkin, until after her husband's death, when she
went to reside with a person named Jackson, where it was pro-
posed that it transfer of the property front Consols to Navy.
Five per Cents., should take place, and an investment of part
of her property, was contrived to e put in the name of Ann
Portion, the niece, who wits removed from Jackson's house to 1
another with the deceased, who would ccriseut to anything that 1
was proposed by giving her a piece of plum cake. The de-
fendant caused her to consent to the transfer and re-investment 1
of the 1,0001. stock, which defendant pretended, after her 1
,death, that Jane I had given him. And he stood upen this
defence, that the stock in tine-Stipa was a gift to him front .lane
Evans, whom he (Mr. (.lurney) would sites,- to have been up to
this time, and for long previous, in a state of perfect ideotcy
and mental imbecility.
The Forth) Cm .lI;STICE
proposed, that as this was a
dispute between relations it might be referred.
This being rejected, the following.witnesses were called t
Catherine Fuynbani kiln* the defendant, who is 1. dealer in
pearl.asli, at litutpland—Alrs, Jane Evans jived with Mr. and
11Ira. Patton—Ohl Purdon died about ten' CT tWeiVe ;acres

t

ago—she afterwards lived with the elder Jackson, al
a relation of hcr's, in Globe-fields, Betlinal-green, for
two years--she quitted them and went to live with Brock'
in Green.place, Blackfriars-road—Defendant ix a COB
bedstead carver—Jane Evans lived with defendant
years, until she died last June two years ago—Witt
ways considered her an idiot—she used to jilzy utt
like a child--she was turned of thirty when Winn
knew her—she required. to be coaxed to eat her vie
sometimes she went up stairs raving in a passion-6'
not alowed to o to the door without some one to I
was not taken away—she could not converse as a coulpit
any one—she was often talking and raving to herself
crowd of people round her; considered her quite an id
was necessary to pacify her, wen angry, with a piece °I
Witness applied to defendant, Brockbridge, to reteive het
witness's care, eight years ago, fir that Ann and Wm. P
relations, thought her uncomfortable, and that for
the sa
her money they wished her to be with them. tdVitnefl
that Ann Pardon had tin/. of Jane Evans's money, \v",
would give up whenever she should be compelle.d.
said he would take care of the property, and every en!l
have their share. Defendant stated that he was to have!
terest of her money for taking care of her. Defendant
was her niece, and is sister to Ann and Wm. Pardon. p
his i
ant came to witness when she was taken away W
and requested witness to go with her in a etaith. Pet:,
gate her a piece of plum cake. Witness saw ha very t I
defendant's. There was no improvement of bet tna
never was consulted about removing her to the hollse,
fendant. Remembers being sent fon- to defendant's n
osaz
lAelftr. Bh cis ikiobtrintler
and, whoha told witnessotlt .litaenr ae
ill.aianagt
hi
Then Thomas Bmckbridge, the defendant, came to
and wished her to go to Jane Evans, to make her emit°.
tiir that her money was all safer and he had plocell
banker's hands. lie stated his reason was, that he and he
had been at variance, and his wife wished to have it i
care, but she should not. Defendant told witness ihat
one should have their share of It.. T!liaks be °ld i
),
A
amounted to nearly 1,500/. ; and that by it out
made rather more of it.
Air, GI!2INEY—It will turn 91It so to be.
Ann Pardon told witness she had deo!. of her Ingeli
that she had given it up .to Air. 13roekbridge—aba, tit
year before her decease, witness went to see llert,„;
r
fßftberni ddsgatent ittia,ikbcasu
rttheeolrtblle interestll4'de coef!a)srblie(d)teg.ein o mane,: preventedu t:s qhtei l4;e:ln!S"th.tah-
Cross-txamined by Air. SCARLET T.—Deltr."%ola
daughters, one 12 and the other 14 ; aitnefa's
have been dead two years next March; there WA,iiit
dta
in the family of Jackson, so that witness proposal t°
of her.
AI Era! Portion, who ir°'llido."—livKednen%eX'tra-
door* to ltcr in i
IsiouartisTyk:3;imeatvhparseri
eJalagditien:;:sli;anweneansmup.sakia,itnbl colterit_ol.slerni ein,tic7aeci;;:ivert&l)..Ovio,3oearl:nli
111101*doinfiriii:jrsot
that
themSrt.reticA;
RT.ET
hinderedcrying; her she
l ro i‘naS being aw a
ill' usedtbe sauteb - t and
y la':
the same day. -
the mad woman.
,st
na
Mrs. Powell, apparently ngeel ninct !nether
T.—Mind that you do not laug a
ness, deposed' that she lived i- drug .01. it' the rinviv,
five years—Jane Evans was achildish, siqtplct helt
man, always So —she did not ne..n,t t,s 6'oo
her at Jackson's; ju" can't t ;1) - was
or not.

John Wilson examined—Nn'ew- the lz,te
.than forty rears; witness's fathfr lived Tt,ev:f T. 7;;
'don's children were. witness'; sehael:fellows. ;
was a person 'incapable of eanductity, Ler ""
person of weak intellect.
Robert Ealam, rope-maker, deposed, that lic %+
she.,
Portion's tieki ; used to see. .1ane1.144 ; be
lvalk up and down the field talkim- to lierstll; to'
to teize her ; used to call her aunty.
balls, and used to talk to hersi,'; yho w4i4.
totally.e"i-rlnsainae ;b3.,sklieer'use'uNtel4- tt!o;d';'; ri.1:11415,1--acuaibirit';‘
care of leers if ; was called '•• the mad ;
Cros4-exatuined.—ey.sy, ' hc!:: 41 lb', 111
her at the wind 6W praylng• )er
Mr. SeAnt ETT—Playingswith her nails?,
Witness—She used to play prettf liandsooicly
slalom and cups and balls ; she never took a '
to silo hut once in her liki—((a l,luKKl:'i. sib
away sortie boys, from which. "she called wit
nut-Fed baker, and used to smile at him.
Mr. scAttLET/4_,Rrta) cal! her an
Oh.,' y6l do
The foord esttEt,...lt, ST ;
could trilna.llllllls' 'vary the
plaintiff intst recover, as • .1 etvidez
in that state or to bell;
_. Charles llornpluies was . oprenticed tO-t
When Jan tiplis and
..Ann Purdon cAnze
'less was' age( 'eighteen, and ..resitled 'ab(ast a
Whilst he was there,. she was cOMPletely out t
childish ; never saw her do any thing hut talk
fendant and wife managed 'her; never an
Wittis has heard defendant and wife 'Say tha)
idiot.' In witness's opinion there lii
Cross-exantinetl by Mr. St: L 1;1
and did not serve his time ant • was trit.:(3l
lain and linprisOned one tnond; ; was di arg
on'btith ltls master and mistre;;,.
George Purtikop,,vandson 61. old Purdsti
!,oast: with Jane Evans ; ei».obnistA. fount
her intbecilitydfinina ; has her tat:: tbi
tit;4n to danee and sing. :The I,r4ll.),)oksand
things as children, play with;" she Jt4s ni4t16,1
put theta botilitl" the kitchen tire;' she got tie
older ,ern^ Iwr at RioebridWe'n two or slow
death ; Mr. and Mrs. arciclibridge hegira to
those i-claiions who.cainc. inset her. -
./ns !Ina .Jackson.—AVitnezN's daughter-in-13k,
of the l'urdons. :lane Evens' was in witness
three weeks with his son ; for dearly two Ye3rs
every day. Ann Puitlon was wiih her ;
care of htrself; Ann Put managca Xlllcould
pot remember any thing; was los.d of
half .Pence to play with. lyoess used to
and her to the I'ank us-4;re lic.r dividends.
name with a send deafly.) t7a. Ilad 1,5091.
cent. Witness recommended a•.ehattge 'of
crease ti= interest, and it was all scld out ;
hi
ironth,: ii Ikrd .'O
V,fi'S sons. R m
uford anti Ashlty wt.s°'reftit;"'lll3'Alll'
Several other witnessi were examined,
ScAnty.TT rose fbr the defendant; Mr. (.1
plied, and the I..onts Clime; LCL: :sunlited
ter het...re three o'clock, the Jury feund vertbS
till'..-Dailiages, 1,045/. and costs.

.
.IN'SOIXENT DEIITOItS' ; 41(
r‘ttt
31F.TItOPI)LITAII SOCIETY. FOR"
Ax.:ll:ll.,oPitltsoSeE.
JCII:cTuIsOoNs.. OF Fit A 1.7,1)
It
eSterday John Ilougli..Fackson.carue up 1-711
Petition to be discharged, aril was t.ipposs.-11 -
the U 4 ltn t• 1
co utllo lof the lo:ricetp, in the natnt of jlrr4s 'S
- . gt. 4i.:b ci t
The principal ground of obj2cliori to the
charge was.. hid itaving.witithelcl his isooksufsc`ot!'
fir. athircssed tli,> Court tbr beef-
'rite 011E1' .CoAtAt t03.910Ni ohserveil, it r•tv's iegif
trio Ir.solvent's Counsd, dill: it ; ne..Vl
;it tk
Insolvent for `t'et°
"4. fabrication of boolt;" did not aput.:,r
mem; but it should be renlen..bereci, that tsttltl'o ft
or making false entries in there given up, wero44l-,:(10!
tionol and the Insolvent himself l ntl, m es' Mitt
the books delivered iwo Court were d.
fabricate a b
m elt
been trade to tile rnetirn by which this cale 0,111,1
on the attention of the Court ; on ilia'. t
that it was .11wavt. laufl:.;1,1 fur ars ,of
dt
expose (rand ; that had done in tie lio"e9i-cetit
the Jud..rnent of the Court 1;-as, that the Itts,ofl
r,a.zhicti for 18 months for concealing his I)outt

heffi
01.1 n casesr.r.y Ec.
day were too notke.

A
rs'arlllelisyegSßai°teenn;lt inice:tinntsaielocirEwri-4';;illl4k
ei:43lttug
in
ate , p
there • • et „sealnte dO
wt:t:
ownf
rays, to and from the City of London, urd Ille
}t.ntioned, in the Counties of Surrey 5u5,1i,310111,51
11-41therhead, Dal king, tiiitbrd, Farnham
""hani, Itrighthehnstone 1 ew-..., ai!l Elko-4)
a enrrespondeilet iver hail 'l,, . 11l or
11'
places, 41:d no mon" • ettL- ":
Ly r 3by
11,;;ni7",,- only such rates ; e
)chci:ar
tot,

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