The Sun.
London, England, 1840-05-29 00:00:00

CHANCERY CO URT.-(THIS DAY.

MAUCHAN V. VINCENT.--JEDGMENT,
The LORD CHANCELLOR gave judgment to-day in this
case, which was argued before his Lordship a few days
since, upon appeal from the decision of his Honour the
Vtce- Chancellor. His Lordship said that the question in
the case turned between the children of the marriage and
those who would be the next of kin of the wife if she had
no children, under the provisions In the articles of mar-
riage, in which it was provided, •hat in the event of the
wife making no appointment, and dying in lifetime of
her husband, her personal estate should be held by such
persons as, under the Statute of Distributions, would be
entitled in case the wife bad died unmarried. Upon the
case coming on before his Hunow the Vida-Chancellor,
be was a opinion thlt Van word unmarried must be con-
strued na never having been mottled, and consequently that
the children of the marriage were excluded, and the next of
kin were entitled. Now the first question, in his Lordship's
mind, was whether the word unmarried was of go initexible
a nature as that it could receive no, clhOt eonstruction
than that of meaning never br,ing been married. That
certainly was op;‘, c.` the meanings of the wcrd ; but it was
sicceasarily the only meaning the correct meaning
was that the party was not then married. That had been
laid down in the case of " Doe on the demise of Ualclwin."
And Al.ferson reports where it was 4040 that the word
meant never having been rwried, er not married at the
time of the Oases had been referred to in which
the
;C:cut-t had held that unmarried meant never having
been married, but those cases were not authorities for
showing that that was the only construction to be put open
the word, but that the Court had pnt construction
upon it. His Lordship the,ugbt that there was ample '
agtho ply tp, ctabiish' the proposition—that the term
uaMarned was a flexible term, and that the meaning
was to be asceitsined, not by any strsct rule of
construction, but according to the sense ia which
it appeared to have been used. ju Ilia present
case, looking at the sittntip of the parties, considering
that thp Marriage were carried into execution,
that their object was to provide for the issue of the
marriage, it was impossible to suppose that the parties in-
tended to exclude their own issue. Yet such was tax. eWect
of the Vice-Chancellor's decree. Unclev all the eireurn.
stances, his Lordship lags cleaciy opinion that th'• only
Oirbhre4t4 rt,eti ::311 :f4l4e
thaefh%ulit,ebadnedat.h„e_ipl.Fwir..
'to exclude the
, “ou that being the opinion
of the Cyurt, the
of his Honour the Vice_ Chancel-

ue reversed, and a declaration pronounced declar-
ing the cliildren of the marriage entitled to the personal
(state. in conclusion, ijs Lordship felt bound to say that
in his whole experience he had never seen a decree so
irregularly drawn up, and he was convinced that the Court
could net possibly have known that such a decree was
drawn up.
The Court, after disposing of the cause and lunatic peti-
tions on the paper, proceeded to hear the case of Gom-
pertz v. Ansdell, which came before the Court upon mo-
tiozi ior a new trial. The motion is expected t) oc:upy
the Court several days.

VICE-UHAN7C- E13..V.-7(THIS DAY.)

Short causes and unopposed petitions occupied the
Court the whole morning.

EXCHEQUER COU-R-T-THIS DAY.

The Ccurt was occupied the whole morning with vo-
tions of no ini crest hut to the parties concerned.

QUEEN's BENCH—(THIS DAY.)

(Sittings in Banco.)
FENTON V. DYNES.
This was an action of assumpsit, in which the plaintiff
sought to recover damages on five different c mats from
the defendant. The ease was referred to the al hitrat'on
of a barrister, who found for the plaintiff on the different
counts. It was contended, however, by Mr. Byles, on the
part of the defendant, first, that the finding of the award was
not on all the issues, and if it were so that the finding on the
the counts was inconsistent. Mr. Justico Littledaie
granted a motion for setting aside the award. Mr. An.
drews contended that the rule should be discharged.
Lord DENNIAN said it was clear that the arbitrator had
mate a mistake in the case. He should have found, as set
forth, that something had been paid by the plaintiff to the
defendant, but he had not done so.—The rule was there.
fore made absolute

--_,
The Times of --
this morning— loath Lord John
Russell with praise for transmitting :-ourtcl and statesmanlike
instructions to the Go.ernor- General of Canada, and calls on
Members to throw aside party feelings in discussing the Canada
Union Bill.—The Chronicle, in an article contrasting toe
moral influences of the Liberal and 'Tory parties on the com-
munity, save, " The present Conservative minority is, in point
of numbers, the strongest ever known ; but in miiral force it
is the weakest, and, as the events of the present session, have
shown, powerle: s, except to obstruct and annoy. In the face
of an Oppusition, numbering three hundred votes in the Lower
House, and a large majority in the Upper, Ministers conduct
the affairs of the country with vigour and ,uccess. and impress
the spirit of Liberal policy upon the whole machine of Govern-
ment and the whole of our foreign and domestic relations."
EXECUTION OF THOMAS TEMPLETON,--
Thomas Templeton, who was convicted at the last Assizcs held
here of the murder of his wife, and condemned to be execu-
ted, expiated his crime by undergoing the last punishment of
the law this morning, at the usual place of execution in front
of the Jail. There was a very large crowd collected to witness
the execution—as large even as at the execution of Mrs Jef-
fray. Templeton, it is said, denied to the last any recollection
of -having committed the crime for which be was condemned.
Glasgow Chronicle of Wednesday.
111 E ITALIAN OPER A.—Le Nozze cli Figaro
was Performed last night, for the benefit of Madame Pe-siani.
The 01., ra was admirably performed.with the parts cast as usual.
Much interest was excited by the announcement that Madlle.
Taglioni was to appear for the first time after an absence of se-
veral years, during which her career has been more brilliant
than ever. But, as she was not sufficiently recovered from the
fatigues of her voyage, her appearance wai postponed till to.
morrow
tionnight., when, of course, it will produce no ordinary
sensa
THE TRAFALGAR, 120 GUNS,..This splen-
did vessel, the largest, in tl,e Royal Navy, will shortly be
launched from Woolwich Dock-yard. Her burthen is 3,000
tons, and her construction is different from any other ship. She
has a circular stern for fighting guns, hut quarter galleries are
broueht out, so that die shin will still present the original ex-
teri.al figure. During the last week the vessel was inspected
by his Grace the Duke of Leeds, Lord Adolphus Fozclarence,
Duke of Beaufort, Lord William Paget, and several other dis-
tinguished personages.