The Sun.
London, England, 1841-12-20 00:00:00

EVENING SUN

LAW INTELLI4ENC-0
ce, I
; CHANCERY CO utzT,_(Tais DAY.,
PRICE V. IiOtTLI.—.TUDGMENT.
The LORD. CHANCELLOR gaTejUdgment fo.day in tbi°
case, which was argued before the Court a short
rt tilll°
since. His Lordship said that the question in the case
related to the construction of the will of a person nulleti
Roderick Wynne. By that will the testator direltedl
first, that his debts should b.e paid, and he then devise-
his real estate to his daughter for life, with the rcnitliader
to her first and other sons, and with remainders over.
He afterwards gave some legacies, and then he be'
queathed his personal estate, after subjecting it t
the payment of his debtg to his daughter ; aid tbe
question for the consideration of the Court in that state
of circumstances was, whether the will constituted a
charge upon the real estate for the payment of (1011
Now, there could be no doubt that the first direction e
the will amounted to a chsrge for the payment of debtsa
upon the real estate ; but it was said that that was ;
charge merely by implication, and that it might be rebut
ted, if there appeared anything in the will to show that l
tili
was not the intention of the testator to charge the re
estate. In the case of Thomas v. Brechner, decided
Sir John Strange when Master of the Rolls, it was 11e
that a similar provision did not rebut the implirAftic:,,y
and in more modern times, as the case of Dowse v• -`4:"55 •
Torrington, and Palmer v. Grave, the same doetritle_,`:,d
held. Now, in the present case, what was there reiitg,
upon for the purpose of repelling the implication ? It ".3' ere
;
last clause with respect to the personal estate but wil
the
a testator bequeathed his personal estate subject tO
the
the
payment of debts that is not inconsistent with
general charge, but in accordance with it and with h
general law. His Lordship thought, therefore, that secci,
a disposition made at such a time could not be 070
dered as rebutting the implication ; but then it ho
said there were no similar words with respect tp,,,,,ea
personal estate ; his Lordship thought that circunisr:.,,
too slight to justify him in defeating the general char;,..
and his opinion, therefore, was that there was a gene„
charge created by the first direction, and that that bi.
neral charge was not repelled by any subsequent Pr°y
sion contained in the instrument.
.lto•
THE ATTORNEY-GENERAL V. THE EARL OF ST..- .v -o
re.,
The arguments in this part-heard case were then,
sumed, Mr. pzi Wethere.•
behalf of the trustees.
/ I Gentleman had' hot concluded his a
meats when rgti:
we went to press..

ROLLS' COURT.—(THIS DAY')
LANGTON AND ANOTHER V. HORTON AND BIENIF;0
This case, which was partly-heard a short time
and then noticed in The Sun, was resumed this rnornio
but, as there was no probability of its being conclu..
to-day, it was arranged that the case of the Plaintffktill
should be concluded, and the suit then stand pver
Hiliary term next. e'•"
The suit was instituted by the plaintiffs, who elled
as mortgagees of one moiety of a whaling vessel °it
a, '4-
the Ann, and of her cargo, against the defendant 1:1°;ef
who claimed an absolute interest in both, but wh°
alleged to be only a prior mortgagee of this meieti:Aor
to have no interest in the cargo. It appeared that cbo •
to the year 1837, the defendant Birnie, "s
was the owner of one moiety of the shin ii,get
which was then engaged ,in a whaling
„."',.tua,
had had extensive dealings with the defendant Ja•A% sa•,
and in that year applied to him for assistance, in "rti
ceptance of bills to the extent of 4,200/, and in cons ethis
tion of this made over to Horton, by bill or sale'dia,
moiety of the vessel, and deposited with him a policy -nese
surance thereon. These bills were from time to tune rtsfe.
ed five times, the last bills being, by arrangement' urii.ll4
by Horton, and accepted by Birnie. Before the last or
became due Birnie became embarrassed in his
his stances, and was. obliged to compromise with n't that
ditors, and Horton acquiesced in the arrangemen%ieti
made, but claimed to be absolute owner of ene"°;yer,
of the Ann, and of the entire cargo, which, 13°%bot
had been previously mortgaged to the plaintigs, ,$
with Birnie, alleged that he was only enteloel, ~(1
to a mortage on the moiety of the op
which was redeemable in the ordinal'," yaltr• •
In the meantime the ship having arrived with t,oietf
able cargo, Horton took possession and sold his 1-„pou
in the vessel. and the cargo, and kept the amount' hat
oat
which the plaintiff's filed abill for relief; and pra)A, thcr
an account might be taken of the money recetve.
defendants on account of the sale, and that Horton"- n
be declared to be a mortgaeve only. „rite&
Mr. Pemberton, Mr. Bolt, and Mr. Hall repre--roeci
the plaintiffs, and Mr. Turner and another L'A'
Gentleman the defendants.

VICE-CHANCERY.—(THIS DAY')
'
(Before the VICE-CHANCELLOR of ENG--
LA D.)
THE ATTORNEY-GENERAL v. LANGTOI''' , Atto/'
This was an information filed by her Majest,,,nrchss°
ney-General, for the purpose of setting aside r 'no t°
made by the defendant of certain tenements ''ederatl'
a charity, on the ground of an inadequate con"-
hain been given for them. ie lengtb''
After the case had been argued at considerab
the Counsel for the defendant intimated that thoiof t,
ready to give up possession and to pay the COsts, tb.
t
suit. The Court accordingly made a decree
effect.
(Before Vice-Chancellor DatrcE.,) •.
COCKIIURN V. SINGLETON. C 1
The further arguments in this cause were rese'-0
this morning, and were not concluded when we lc-
to press.
(Before Vice=Chancellor WiwiAm.)
MONTRIO v. CARVICR. Aori,g.
His HoNouß wa's engaged in his private room "io
the greater part of the day in hearing the argunlejldoi
this case, which came before the Court on "c4l` .
by order.

QUEEatNN'Sisi BENCH.—(THIS Cbeifior.
;Sittings 1.)]1N3
Special Jury.)
SHEPHERD AND OTHERS V.
•aCti°
ttbhhr
eeo. Ibibgrar
gqtriult.HelorATErgSeeutsGsopEvelelarar, v
id)statednfaglmvhacigoenehtlshetfeh(
ernetpatoishaeeic.noiti
iff Irovcri
wit the :S
the river about half a mile above' Gravesend, .h
January last. It appeared that the Vesper
laden with coals and some crates of glas:' b )I.f
from Sunderland to London,
on the day in question off Grave-lE‘,%n'acls and at the turn
r,
tho tide orders were given to heave up the ar lia°arci !Is
all
proceed up the river to London.' The Captain
anchor
come en board from Gravesend, and the „ wt
Pr;u:ji
the act of being heaved up, the vessel haviriq --N°ra'• 4
upon her, and there being no sail set, when tng
tact y
which' was standing up the river on her starboart;
came down upon her. She was repeatedlY 'l,9' 0
by Captain Shepherd and some of the eresolraar
square her yards and put her helm down, ill
them'
e
or
to avoid the accident, but tl disregarded
and her bowsprit got entangled in the rigginngeher
the Vesper, and one of the flukes of the dricea
rhich was at that time about the wake level, wasdelay '
into her side, and she filled rapidly. After sorfle, in lA'
the vessels were separated. The Vesper he'iti a 1"
sinking state, she was run ashore near Graveseni: b 1 r
all attempts to raise her proved ineffectual, ann s-ero re •
came a total wreck. He would call witnesses to P lt[
the manner in which the accident occurred, and it:1:11u
1p
be shown that the crew of the Vesper were not ,
fault, and that they could have done nothing to Pre°,
the collision. He would prove the value of
and cargo, and it would be for the Jury to snY.. "c• ir •
damages the plaintiffs were entitled to under thoe
cumstances.
James el
Hutchinson, mate of the Vesper-4 I 0 -It
re
the 28th January last. We were at anchor Grn
end. Our vessel was laden with coals and soP),e sos
of glass, bound from Newcastle to London. e
to the windlass, and hove the anchor short. The the
tain then came aboard; and ordered us to 110.c° ;1.'4
anchor up. The tide was running up, and the N ng?
head was down. When the anchor was off the groli,
the vessel was drifting up with the tide. It "1'1( ;4-
that time the brig Argus bore down upon us. The the
tain was on the quarter-deck at the helm, and hal'
n to
people on board the Argus. He called out to t 1 aet
square their main-yard and put their helm do ‘''
did not notice him, and he hailed them aga'n* al"
told him to starboard his helm, and they w°nl"l reeeit
clear. Captain Shepherd said the barque w' `s one
log in the water! and would not obey her lie irbo
fore-topmast back stay caught the Vesper's .1°
and the Argus swung alongside. The consAti( rice to
that the anchor was driven into the Vesper's si",t,
r;.°ll,
the shank ; there was only five inches water in
before the accident. I called to the master of the .a
to let go his anchor and get the ships
clear• t- go
did not do so till he was spoken to ver...Wl
or three times, and till he was told that the
was sinking. The fluke of the anchor went in Oh • era
seven feet below the water line. In five minutes t" , 00,
was three and a half feet water in the well. Wye Ire
all sail, and ran the vessel on the south shore. ,
we,
not done so she would have gone down .in deep wij" 14,
We got her on shore, and she • p her bearn.el
The Vesper could have done nlovtehltnilg-trp.reveat thf Accf,CL.
dent. The Argos had plenty of room to have 'a
becforroesssh.
eexraamniinnetdo.
u--3.We had heaved the anchorn_ ,telf
fore the master came on board. Re told u lrn b'et:
to heave the anchor, and the Captain we
quarter-deck, and put the helm a-port. went aft V the
,„„ we, -
fat the windlass the Argus struck us, and we ran' 01,
ear of some accident. There were eight raea
mtoyself:
The Captain be geed them two or three tilos
let go their anchor before the Arius into tia;•
ran
d •
Captain called
out to him to squre his main-yard an
his helm down. esth
Mettle d
w ea --am a Gravesend pilot. On the
of January I 'was on board the sloop John A,,Adani,•
While for
which was in tow of a steam tug. It was. within
hundred yards of the vessels w 1 'n the accident ne,:.
curred. The vessels had swung with the tide about hlo',
an hour. I saw the barqueVesper and the brig reaching t..
the northward. I said at the time the brig- wouldl3l'2'
the barque if he did not heave his yards aback, or Plo"
the helm down. 'The brig was on the starboard Mei*,
I heard them call out from the bark. If ',,t!"
barque had heaved her foreyard aback, or put her"
helm down and tacked short he might 11'11.
avoided the collision. The Argus was going iloar
knots an hour. Had the anchor been dropped it ".` a
not have gone into the vessel, but I suppose their atteny...
tion was taken up by the vessel bearing down on they°
Cross-examined—l thought the Argus bid to hit •!.,
barque from the course she was going in. I don't th,lp.„
r
the vessel altered her position further than that the
Ito;
drifted her up when her anchor was up. It is often hs,,6c- ;
to get a ship under weigh without any sail being e,
upon her. ig#
Wm. NeSlingham —I was chief mate of the ,
cutter, in January last, I was on board the Vesper
few minutes before the accident occurred. I was on •
quarter deck with the captain. The Argus was stars'
.1111-
d