The Sun.
London, England, 1815-08-24 00:00:00

matNAiln b. HUMPHRIES.

. .
The Loan CHANCELLOR observed this was a
question which arose upon the construction of a
tviil.lt appeared that the testator, a Mr. Mills,
did by his will, in the year 1806, after directing
that his debts should be paid, and a few legacies,
devise all his effects, both real and personal, to
trustees, for the purposes of promoting the Gospel
in foreign parts, for bringing up Ministers in semi-
naries, and for other charitable purposes, that
should be thereafter mentioned. The trtxt of kin
applied for the residue of the testator's effects, on
the ground that the testator must have altered his
mind after making his will, as he never did by
cil, or in any other way, mention what those other
charities were to be. The Attorney-General was
made a party on account of the charities. I t'came
on to he heard hetore his Honour the Master of the
Rolls, and the only argument made use of was
that of the uncertainty of the meaning of-the tes-
tator. His Honour gave his judgment in favour
of the next of kin, and it came before his Lord-
ship in the shape of an appeal from that judg-
ment.- His Lordship said, that those cases which
had determined other questions of charities would
not bear on this—the question was, as the testa-
tor had not directed to what other charities the
property should be anpropriated to, whether the
other parts of the will could be carried into of-.
tea ? It could not he denied that the testator
meant that it should go to chartable purposes ;
then the question would arise whether the Court
had not a right to str.nd in his, shoes, and point
out the charnies s Or suppose lie put it in this
way--a testator htqueathed to -A and B with an-
other that was to be thereafter named, would A
and B have a right to take if that other- was never
'tamed ? There is a case of 100 years_ standing
in the 2d Freeman, 261, which expressly
lays down, if a testator devises money by
codicil or note in writing, but no such codi-
cil or ,note is found, the Court of Chancery
would direct it to what charities it should
think fit. The case was this, a Gentleman
having left to charitable purposes, by a _paper
which could not be found, now he, the Lord Chan-
cellor would have. thought It might be destroyed
by the testator, or at least that an. _issue ought to
have been directed to try that question, instead
of which the Court said that the general intention
of the testator was charity, and they found one
for it, Christ's Hospital. , He telt great difficulty
in this case, and thought it ought to be re-argued.
He would therefore appoint the second day in
• next Term for it to be spoke to by one Cottusel
on each side.

SIDWELL, IN TilE MATTER OF SIDWELL, AN INFANT.
Mr. HART moved, that the plaster's report
should be confirmed, appointing a guardian to
the infant. lie understood it was not opposed.
Mr. HEALD said, he appeared. for the mother
of the infant, who consented to the Master's
report; on -couditton that .she was paid her.
costs. His Lordship would recollfect that his
client -was appointed guardia9 in the first in-
stance--,-that she waved that right out of con-
sideration for the infant, who was abroad, and
who had been ethlcated under the contraill of
a female. Who had lived in the capacity of a
companion to his - father; he was still under her
controul, wad had been taught to have such a dis-
like for his own mother, that she had reason to
believe, if she was to be confirmed as his guar-
dian, it would be the means. of preventing him
from coming to this country. It was not, there-
fore, too much for her to ask that she might be
paid the expences she had incurred by going be-
fore the Master. •
The Loan CIiANCELLaIt-‘,‘. Take the order,
but the mother's costs unkt•be