The Sun.
London, England, 1870-06-22 00:00:00

AN EXTRAORDINARY WILL CASE.

In the Probate Court an application was made to Lord
Penzance, in reference to the costs in the well-known
cause of "Grimston v. Timms."—lt will be remembered
that John Hutley, a cheesemonger, died worth £120,000.
He, at a very advanced age, married the present
wife of Timms, the defendant, and after his death
she married the surgeon within six months.
The plaintiff, as next of kin, disputed the
will, and it was upset by a special jury.—Dr. Spinks
now said that the Court had granted an
order for costs, amounting to £9Ol 4s. 3d., as
against the defendants, and he had now to apply
that a ji. fa. might issue for that amount. Dr Tristram
opposed, stating that the executors were liable as much
as the Timms.—Lord Penzance said he could not separate
the order and granted the application of Dr. Spinks.—
The case when tried in the Probate Court lasted more
than a week, and it is now in Chancery.

THE LATE CASE OF CLERICAL WILL-
MAKIN G.

In the Probate Court, before Lord. Penzance, Dr.
Swabey, in the cause of " Hill v. Goss," on behalf of the
next of kin, asked for Bishop Goss to be condemned in
the costs of the suit.—Sir John Karslake did not see that
the learned judge would think the case one in which the
propounder of the will ought to pay them.—Lord
Penzance said that the propounder was the person who
knew all about it.—Sir John Karslake : But Canon
Fisher knew nothing about the witness Rushworth and
others.—Lord Penzance said that when a case rested on
the soundness of mind of the testator—and the person who
propounded the will knew best how that was—it was usual
in case the will was upset to condemn him in costs. Sir
John Karslake : But that was not Dr. Goss. He was not
present. Lord Penzance said that technically and logi-
cally before Hill could be admitted as a party to the suit it
was necessary that he should prove he was next of kin. Such
a course would havebeen adopted ; but as it was foundthat
it would delay the case for the time the question of kin-
ship was warned, as was also the question of Hill's locus
standi. After some further discussion it was agreed that
the costs of the alleged next of kin should be_paid into
court to await the decision as to whether the Hills were
next of kin or not.

CONVENTUAL AND MONASTIC
INSTITUTIONS.

The Select Committee appointed to inquire into the
laws under which the property of these institutions is
held resumed their sittings on Tuesday. The inquiry
seems to have lost none of its interest, the room being
crowded with ecclesiastics and others interested
in the proceedings. Mr. Cuddon was recalled and
said that, as the committee had expressed a wish
to have the numbers of the gentlemen who
perform religious offices, he could state that a few days
ago the number of priests in Great Britain was 476, en-
gaged in the ten colleges and also in the 121 parishes. He
also mentioned that the number of young men being pre-
pared for religious offices was three hundred. That was
not including the eleven hundred gentlemen in the col-
leges. The three hundred were preparing for
the regular priesthood. The number of men
called lay brothers or gentlemen's servants engaged
in the colleges were 200. They performed the duties of
servants. In regard to the acreage of the monasteries, he
stated that a large number were in one county in which
this measure was customary. The total number, if calcu-
lated according to statute measure, would be 400 additional,
making 2,432 altogether. The principal land held was
in Lancashire. The total rental of 1,600 acres belonging
to religious bodies, but not held by colleges, was £3,400 a
year, so that the total income would be £10,350 from per-
sonal estate, and £3,400 a year from land. He confined
his information to the communities of men.

Mr. Dewar was next called and examined by Mr.
Newdegate. He stated that he was late assessor of land
in Perth. He was acquainted with a house of the Re-
demptorist order and eighteen acres of land at Kinnoul-
hill, Perth. The name of the property was St. Mary's
Redemptory, Kinnoul, and it was valued at £350, including
the ground. It was returned as being the property of the Re v.
Mr. Coppin and others. He had assessed the property when
he was assessor for the the borough, and was held from.
Kinnoul. The date of the contract between Lord
Kinnoul and certain priests, was from Whitsunday, 1869,
to Whitsunday, 1870, and it was set down as buildings.
Mr. Coppin is the superior of the order, but Mr. Vaughan
is the superior of the institution. He was set down
in the valuation list as clerk. The witness then
read a circular stating that any gentleman
requiring a retreat for a short time could obtain
that there, and there would be a public retreat from
Wednesday to Saturday. He resided nearly opposite the
institution, and had frequently seen the members of the
order dressed in their peculiar dress in the grounds of the
institution to the number of twelve or more.
He believed that the institution had recently acquired an
accession of property from an officer in the army.
The witness then described the house. He also knew the
convent of St. Joseph, Perth. . The Hon. Miss Elizabeth
Langdale was the superior. The rental was £72. The
house and garden cost upwards of £l,BOO. The original
price of the house was £2,000. They rented it
at first, and afterwards purchased it. There were
eight or nine females in it. That establishment
was opened by a religious ceremony on the 31st.
The circular inviting the visitors was read, and stated that
the Redemptorist Fathers were about a hold a service to
our Lady of Perpetual Suffering, at the chapel adjoining
their homes at Kinnoul. He knew the Rev. Mr. Smith.
of Oakley, and believed he preached a sermon on the oc-
casion of the opening.
The witness then stated that the sermon was reported
in the local newspapers, and that he would produce an
authenticated copy if it was required.
Mr. Newdegate explained that the sermon in question
contained the history of the order and the means by
which the property had been acquired.
By the Chairman : He was perfectly aware as was
everybody else that these institutions both the monastery
and the nunnery were religious institutions. The Rev.
Mr. Vaughan was rated both as owner and occupier of
the monastery, and Mr. Fynch as owner of the convent.
He looked upon them precisely as other owners and occu-
piers. He had not heard any objection being made to
them on the ground of theirbeing illegal or not sanctioned
by law.
By Mr. Jessel : He knew nothing of the occupation of
the people in the monastery. Some of the ladies were
employed in the penitentiary and others in teaching in the
school.

By Mr. Matthew : His impression on looking at the
deed was that half a dozen clericals were named as the
trustees. _ _ _ _

Mr._ Robertson was called and examined by Mr. Newde-
gate. He said that he was a solicitor of Glasgow' and
oould give the committee evidence as to the property of
the Vincentian Fathers of Lanark.

Mr. Sherlock stated that he objected to any evidence of
this institution, because it was a secular order, and the
inquiry was into monastic institutions.
Mr. Newdegate replied that the same objection would
apply to the order of the Jesuits, and of the Oratorians.
It was extremely difficult to distinguish between the two,
but he thought that evidence could be produced to shew
that the inquiry would extend to them.
On this point the room was cleared, and the Committee
remained for some time in deliberation. On the re-
admission of the public the examination was proceeded
with.

The witness produced a copy of the conveyance of the
property of the Vincentian order of St. Vincent de Paul
and the sisters of charity, to the Roman Catholic bishop,
and various other trustees, all being Roman Catholic
dignitaries and priests. The property was 113 acres in
extent, and of the value of £B,OOO. The property held
for the Vincentian fathers stood on a separate
piece of ground to that of the Sisters of
Charity. The title deeds of their property had been
registered. The cost of the chapel and schools and build-
ings was about £lB,OOO. This was commonly known as
the Lytham Institution, at Lytham Park. There was
no mention in the Catholic Directory of this institution,
and its services were correctly described. The service of the
Mass was offered once a fortnight for the souls of the
dead benefactors and members. After the death of each
member, six masses were celebrated for the repose of his
soul. The witness then read a form of bequest to the
institution, which was of an absolute character. He also
read the valuation roll, describing the various houses,
chapels, schools, &c., belonging to the institution. He
produced extracts from the valuation roll belonging to
Jesuits and other orders in Glasgow. There was a Jesuit
chapel and school at Woodside-road. The valuation was
£B5 a yeae, and it was entirely taught by the Jesuit
Fathers ; and there was an establishment of Sisters of Mercy,
valued at £5O a year. Another society, which had an
establishment at Glasgow, was one of the order of the
Passionists, their property being conveyed to various
branches, including the Roman Catholic Bishop
and vicar apostolic of Glasgow, and a clergyman resident
in London. As a general rule the chapels were not en-
tered in the roll. The witness also stated that he would
produce the extract from the valuation list with reference
to another Catholic institution in Cumberland-street. There
was also some property in Glasgow held by St. Mary's
Brotherhood. It was entered as belonging to a clergy-
man. It was a house and school to the value of £5O. The
names and addresses of all the persons holding the pro-
perty to which he had referred were given in the Catholic
Directory.
The committee then adjourned.

R,EcoNvEnsioN.—The report circulated by the
John, Bull, to the effect that Mr. John T. Walford, of
King's College, Cambridge, has returned to the English
Church, is contradicted.