The Sun.
London, England, 1823-07-12 00:00:00

BRECKNOCKSHIRE.

RICH FREEHOLD FARMS in the Parishes of .BRUNT-
LLYS, ABERLLUNVY, LLANDEVAYLOG.KEF
Y ORAIG, andLLANDEVAYLOGNACH, in the Vici-
,, nity of the C,onnty Town of BRECON.
-ts9 Messris. MUNN and CURTIS, at the AUCTION
MART, LONDON, on WEDNESDAY, the 6th August,
at Twelve, in Four Lots, unless previously disposed of by
Private. Contract.
Lot 1. BRADWYS FARM, situate in the
Parish of Bruntllys, comprising about 158
Sores of rich meadow, pasture, arable, and wood land, with
suitable agricultural buildings, in the occupation of Mr. Ed.
Ward Probert, at an annual reduced rent oflsol. for an unex-
pired term of two years from the 29th of September next, with
the exception of 42 acres of wood land in hand, well planted
With oak, to which description of timber the soil is peculiarly
suited. This Farm, although judiciously cultivated, is still
capable of further Improvement. On this lot thereis lime-stone
of superior quality, which is peculiarly beneficial to the farm,
and is in great demand in the neighbourhood.
Lot 2. BRYN-Y-GROES, situate in the parishes of Brunt-
'llya and Aberlhinvy, comprising about 94 acres of rich Mee-
.l.gn't pasture, arable, and wood land, with suitable farm
'°uildings, in the ocenpation of Mr. Edward Probert, at an an-
nual reduced rent of 951.; for an unexpired term of two years
from the 28th of September next.
Lot 3. C W.R.Y-GA RE and T I R-Y.PR lOR Farms, situate
iii the parishes of Llanwern and Llandevaylog, comprising
to/ether about 125 acres of excellent pasture, arable, and wood
land, with a Farm House and appropriate farm buildings, with
the exception of 21 acres of wood land, iwthe occupation of
Thomas Morris, for an unexpired wren of two years, at an
annual reduced rent of 801.; the wood land is in hand.
Lot 4. SYCH-PANT FARM, situate in the parish- of
,Llandevaylog-Vach, comprising about 65 acres of excellent
pasture,' arable, and wood land, with a Farm House and ap.
propriate agricultuial buildings in good repair, in the occupa-
tion of 31r. ThornaS Probert and Mr. Howell Davies, yearly
'tenants, at annual reduced rent 0f55/. The picturesque situation
of this lot renders it singularly attractive for the erection of a villa.
'The tithes and taxes of every description on the above farms
sire very moderate, and their proximity to the county town of
lirecon, the Hay, and Hereford, renders the occupation peen-
Early eligible.--Land-tax redeemed.
May be viewed with leave of the tenants, and particulars had
of Thomas Bold, Esq. Ireton; Charles (Isbell Esq. Crick.
nowell ; Messrs. Baynton and Son, bplicitors. ; Henry
11ant, Esq. Solicitor, Bath; Mr. William Walker, Solicitor,
68, Hatton -garden, London ; the Bush Tavern, Bristol ; New
Hereford ; Bell, Gloucester ; • Plough, Cheltenham ;
King's Head; NeWpart ; Bell, Cardiff; at the,Auction Mart;
arid of Messrs. Munn and Curtis, Walbrook, near the Royal
Exchange, London.

The " Express," to YORK ,-Acarburough, Whit by, Shields,
Sunderland, Newcastle, and Edinburgh, a New light Fuut
inside Post Coach, with a Guard throughout ; sets out
every morning-, by way of Newark, Itethitd, Doncafter,
Ferrybridge, Tadcatteri Darlington, Nurthallerton, Durham,
Mot petit, and Berwick, and arrives at York the next Minn.
ing at Twelve o'Clock, at reduced Fares. Driven ihrsitrtet
with Four Coachmen only. Passengers find ng themselves'
fatigued on the journey, may rest What toile they please,
and then proceed without any additiotial Fare.
MARLBOROUGH and Swindon. ts.tir- inside Day Coster,
through Aldbourn, Reading, Larabourn, Porton, Lyilingtini
Pewsty, Wootton Basset, Itamstmry, Himgerford, Newbury
and Maidenhead. Driven through with One Coachman only.
The New Royal Patent Mail, BOSTON and Louth, through
Royston, Cambridge, Huntingdon, Stilton, Peto borough.
Deviling, Spalding, Spilsby, Alford, (ft iaisby, and Hull,
Evening, at Half past Seveti o'Clock, Sunday, at a Quartet
before Seven.
" Express," a Nete Light Fotir,iriiide Post Coach to
CARLISLE, Penrith, and Whitehaven, with a Gnatil all
the way, passes through Appleby, Brough, Bowes, Greta,-
bridge, Itichniond, Catterick, Boronglibrolge, Fsrrybridge,
Doncaster, Newark, tinwtry, Grantham. Stamford, Gree-
*broil, Stilton, Biggleswade, and Baldock. ' Sets out in toe
Morning, and perforias-the journey with the greatef.t faci-
lity; at reduced Fares, Passenger's detained on the Road by
business or pleasure, have the peculiar advantage of their
Seats being secured in the next Coach.—The only direct
Coach toCarlisle.
The New Royal Patent Mail, CAMBRIDGE, through
Ware, Buntingford, Bockland, and Royston, Erenbig, tit
Half past Seven o'Clock, Sunday, at a Quarter before Seven.
KENDAL, Lancaster, Preston, Kirby-Lansdale, Bolton,
Chorley, Oiraskirk, and Garstang Light Post Coaches, every
Afternoon.
The " Royal Express," New Light Four Inside Post Coach,
to LIVERPOOL, in 4a hours only, through Warrington,
Prescot, Congleton, Lawton, Newcastle, Rudgly, tioutsfurd,
Stone, Stafford, and Litchfield, (only One Night on the
Road), every Afternoon ; arrives at the. Saracen's Head Inn,
Dale-street, Liverpool, next Evening, at Eight. The ad.
vantages to Travellers who honour this Coact' with their pre-
ference are far superior to any other on this Road, as the
,4 Royal Express" is driven throughout with Four Coachmen
only (Three less than any other Coach to Liverpool), a saving
to Passengers too evident to require comment ; besides the
additional advantage, especially to Commercial Interests, of
performing the journey in less time than any other Coach ;
and, notwithstanding its cheapness and expedition, the Pro.
prietors pledge themselves that for safely and accoinmodation
it it equalled byTew, and shall he surpassed by none.
WAKEFIELD Four inside Post-Coaches, every Morning
and Afternoon, at reduced Fares. _ .

CHEST , ewpott,tt hitechurch, Farporley, Namptwich,
• • •
Nort liwielt,&Micilewieh Light Post-Coach, every Afternoon.
SUNDERLAND, Stockton, and Yarm Licht Post tWaili,
every Morn, to the George, Inn, Sunderland, at reduced Fares.
Mountaio's " Express," to MANCHESTER, WinsloW,
Cough:ton, Newcastle, Walsal, Wolverhampton. sod Kituts•
ford, new Four Inside Post-Coach, every Afternoon.—Only
One Night on the Road
SHEFFIELD and Rotherham New Four inside Post
Coaches every Morning, " The Express," anil also
.4 The Rockinglieni," every Afternoon, at reduced Fares.
The "Royal Express," New BIRMINGHAM Light Fast
Post Coach, sets out every Afternoon, carrying Four Inside
only; passes through Warwick, eamington. Sontham,
Weedon, Daventry, Stimey-Stratford, and Towcester. to the
Saracen's Head, Bull-street, Birmingham, early the next
'Morning. Driven through with Two Coachmen only (Two
less than any other Coady).
The 44 Eaves.,' s New Light Post Coach, to HULL, Lin-.
Northcave, Iluwden, Cud Doncaster, steer), Morning rat
Eight o'clock. to the Cross Keys, Market-place, Hull; and
also the " Rockingham" in the Afternoon at Two o'Clock.
The HERTFORD,Ware,Holdesdun, tied Cheshunt Coach,
at reduced Fares.
TO'rI'ENHANI and Edmonton Coaches daily, at Ekren,
'Half-past Two, Fire, and Eight o'clock.
*el At Redoced Fares' to Leeds, York, and Dontastcr,
Luggage and Pat:Loges at only gd per poend.
S
. A; MOUNTAIN and n Co. respectfully acquaint the
Friends and the Public, that they will not be aceountahle for
any 'Parcels. Passenget's Lutgagv, Writialts,Plate, &c. of
more than Five Pounds %Woe, if !obi, stolen, or dainaged,
units. entered as such, and the Insurance paid accordingly,
at the Sat acen's Head Ina, Skinner-sic., Snow-hill, London.

. .
This is a case of the greatest interest and importance—inter"-
eating because the parties are distingaished in the world of
fashion; the circumstances are peculiar--important, beCause,
the Law of Settlements of a testamentary nature, in so far as
regafds the proper " execution" of' them by a party at the
time labouring under " defect of vision," though possetiming
acute mental qualifications and healthful vigour, has been the
subject of discussion for nine years, and by the ultimate deci-
sion receives the legal interpretation. The cause depended in
the Court ofgession, in Scotland, five years and a half—in the
}(vase of Lords three years and a half. In the Court of Ses-
sion"
all that regal learning and ingenuity of argument cool(' do
W 39 on both aides applied, and the beautiful system at Trial
by Jury" wan resorted to, t 6 establish the facts of the ease:. In
the House of Lords a hearing which occupied the better part el
Six successive days, afibrdtal another niedwinj for the display or
those talents peculiarly ,the Characteristic. endowments of the
celebrated Counsel on both sides; namely, illr. Warren and
)Ir. Aloncrieff, for the Appellant, Lieutenant-General Sir
James Doff, the Son of the late Earl of Fife, the Maker of the
deeds challenged ; and Mt, Attornerleneral, Mr. Brougham,
and 5/r. Clerk, the Counsel of' t le Respondent, the Right
Hon. James, present Earl Of Fife, the nephew, reiterating, in
the most able and ingenious manner, all the arguments urged
in the Courts in Scotland, and advancing others drawn from
the law of England.
The circumstances of the case will be learned from the fol-
lowing statement, which must suffice, want of room and press
of matter preventing the admission of a more full report of
the case by our Correspondent,—The late Earl of Fee was
acknowledged to be a man of uneminmin abilities; during
his whole life—one honourable to himself, because useful to
his fellow creatures—down to the hour of his death, he'observ-
eAl anxious care and attention in the management of his affairs.
This is proved by his books, kept as a correct Proprietor and
Landlord ought to keep them. So minute was his Lord-
ship in every thing; that even the sports of the cheer, the num-
ber of its victims, the state of the ,weather, the nature of his
rural pastimes, and the ruminating fancier' of his vivid contem-
plation, were faithfully recorded. The accuracy of the
fals to ac-
countsproduce.—
of his steward and dotnetics were generally scaled by his
" signature," which testified his approvpaelr:mfintlicie,irettreticuhrde, and
the fidelity of their transactions. -Some of them the Framer
toiffiesthisoleteexpoartanheatssi aoniohppoorit,ounrditsYhtopic
proceedings, and the
Tehnevipn4negitpyrgyfosltw,eitlicinh ctphirietictLermstlunn7Yeirehling an meanie of
_2%0001. a year, was the fruit of the Earl's economy ; it was,
consequently, subject to his disposal. The entailed estates lie
, cattied to be prepared, with
preserved unincumbertsi, and these desehtled on his death,
the 2fith ofJahuary, 11109, aged eighty-tern, to his brother, Earl
Alexander, and on his death, in MI, these devolved on the
extend the deeds
present ,tames, Earl of Fife. In 1808, the late Earl, the
uncle of the present Noble Leta
an uncommon degree of' caution, a trust decd, limit, iftsed 01,
entail, both of which were approved, by the Earl writing On the
drafts, with his own hand, ~ Mr. Inglis may
agreeable to the scroll and memorandum," and each page
signed by him, in all one hundred and sixty-five times., appl.,
ing the signature " Fife," to them. A Tomth afterwar da he
executed a third • deed, altering in certain particolars the for-
nier two. These deeds made over all his acquired property to
trustees, for certain purposes, which were 8°- far carried into
effect by them ann.: his death. At the time of execution his
health was excellent, his eye4kght was almoit totally gone ;
however, after executing the deeds in Scotland, the Earicame
to London. After this he franked, with his own hand, his letters,
and corresponded correctly with those who addressed .Lien on
the most important subjects The possessitin antiniana,gernent
of the Trustees under the Deeds remained for several years
undisputed. .At length, nearly five years after the late k,arrs
death, his nephew, the present Earl, was advised, by Gentle-
men
learned
in
theuvo, to challenge the Deeds on these grotindit :
1. That the late Earl, when he agned them, was blind to Such'
a degree al to be littaPitile of dititinguiphing objects ' • that
. being so, he could not, by the law of Scotland, execute Deeds
himself, but should have employed two .Notaries and. four

Lord REDF.SUA LE proceeded in his Usual distinct manner
to deliver his .sentiments. lie concurred in all that had been
stated by his Noble Mend on the Woolsack. If solemnities
requisite, how many deed* of the late Earl might not their
judgment overturn s This question important to all men—'
blind or not. Before 1540, sealing was required, afterwards
signing. This proof necessary by comparison of hands. It'
instrument proved that tile party, the object of the statute cone_
plied with, as to signing. Here, blindness a fact debars the
deeds—it cannot appear on them. Insanity would be a fact
•simirat, if proved before and after deed the probative effect to
a certain degree destroyed. Look to the roll on this table—
compete the Earl's Signature to the roll with that to deeds. If I
had seen him sign this roll,and afterwards seen the deede,l would
say the signature to deeds was li is. Granting this, the whole {twee.
tion would not be decided—as to whether the deede are Lord k iferi
deeds, the confidence in the one who prepared them must be
conaidered. Much requires to be considered in this view. The
deed of alteration in Nov.lBoB, not dwelt on enough. The issue
should have been more general and ex licit—the law and the fact
of the case under question complicated. Are not circumstance*
tlehors the deedsrin favour or not of them ? The Appellant, Sir
Jame Duff, ably urged this in his case. Put aside blindness
is instrument probative ? If so, then law ought to decide on
matters only doubtful—those dehors the deeds. This I most
consider before I decide. The Roman rely has no application.
The law of Scotland, Pretions to 1540, no connection with it ;
but ancient common law of the land. The form of .attestation
seas, that deeds signed before so and so. Does not acknow-
ledgment become equivalent to ,seeing a person sign ? The.
Earl has a title to pnrsue, clearly ; and, on the whole, I will
too conic to judgment with fear and trembling. Which ever'
way I decide, I doubt what may be the future consequence*.
Your' Lordship's judgment mast become the rule in all casette
On Thursday last the Louis Cita:we:teat: spoke at cozier.'
derable length uptin the subject (vide our last Paper), and yes-
terdey his Lordship resumed the consideration of the case,
and spoke nearly two hours, as he did on the preceding
days, manifesting the most complete knowledge of every
point of this great cause, gained alone by n deep considera-
non of the voluminous Papers given into the Court of Session,
which mount to upwards of nine hundred printed pages (the
writer havilig for curiosity counted them), and' the most anx-
ious ate ration to the speeches of the Learned CounSel at the
Bar on both sides, It may here be observed, diet it were well
that those who are so ready to find fault should lint ascertain
their objections are well founded, and by ebserving, do only
bare justice to the anxious feelings and great abilities of a
Judge placed in the situation of this Noble Lord, 'whose pro-
vince it lets long been, and still we exult is, to deliver the udg.
merits of the llenie of j Lords, which, in future, on appeals,
must be the rule in all rases. Ilis Lordship reiterated on this
occasion Many of the observations he Made on the first day on
which he proceeded to deliver his sentiments—referied to the
seven several issues Rent to the Jury, and the verdict* returned
to theM. Remarked on the looseness of expression in proceed-
ings and judgments, anti then ineerditeney, which existed as
to the verdict of the first Jury on the SeVenth issue, which de-
clared that the only means the Earl of Fife had to ascertain
that the Deeds were conforoutbly to the scrolls of them, were
" his heving heard the Deeds read over to hint ;" and• When
contrasting that with the verdict returned on the second issue,
on a new trial, wherein the second Jury said, that it has " not
been proven" that the Dee& were read over to the Earl, pre-
vious to his signing them ; and his Lordship at the same time
that he !mutinied minutely and contrasted one part of the in-
terlocutor of Lord Pitznilly as being at variance with another
part of is, sheering the light in which he viewed its bearinga,
nevertheless paid a high compliment to the ability and propriety
of thatJudge„nnd again declared his high respect for the Cietrt
of Se ion. His Lordship eguin had recourse to the Scottith
Statittee, and repeated his former ohservationse as to whether
the Earl of Fife was to be -considered such a men as could he
Said not to be able to write in the sense of the Statutee e and
whether reading over a Deed to a blind man, or a man blea*ed
with eye right, and subscription by Witnenes and Notarles,
were in fact statutory solemnitiee impeuitively required. If
so, there would have been an end of the rause waste such
14nundittNetiota; lint
the Deed itself and Attestation, or what is called " Testing
ssix
Deed was that of the granter ? Ile retested
tbieunt jeerer etiorildeieh_ip tuhpaptoseprod
oareascoeuVirebreethaeobtaW tetniie
Clause," that the
to the Roman, and also to the English Law. As to Wills—a
Will could not be bad if found.subscribettas the law directs.—