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

EVENING SUN

!LA W TE LLI G-ENCE•
CHANCERY COURT.—(TrA
DAY')
The LORD. CHANCELLOR
ICErNlTilga.—YeTLlDGdgirnirntiO''daY
in this
case, which was argued Wore the Court a short
since. His Lordship said that the question in the case
related to the construction of the will of a person tlarae
Roderick Wynne. By that will the testator direllte-d"
ci
first, that his debts should be paid, and he then de-4',e-
his real estate to his daughter for life, with the rollJader
to her first and other sow, and with remainders over.
He afterwards gave some legacies, and then‘ he be•-•
queathed his personal estate, after subjecting i
itt
the payment of his debt; to his daughter ; asla
question for the consideration of the Court in that sr;
of circumstances was, whether the will constituted
charge upon the real estate for theapnent of debts'
Now, there could be no doubt that the first direction v
the will amounted to a chine for the payment of debts
upon the real estate ; but it was said that that was
charge merely by implication, and that it might be rebuts
ted, if there appeared anything in the will to show dist: 1..1
was not the intention of the testator to charge the re,7,,
estate. In the case of Thomas v. Brechner, decided
gel
Sir John Strange when Master of the Rolls, it was
that a similar provision did not rebut the implicaticTy
and in more modern times, as the case of Dowse r• L•
Torrington, and Palmer v. Grave, the same doctriae ;ie-d
held. Now, in the present case, what was there reithe
upon for the purpose of repelling the implication? It "here
last clause with respect to the personal estate but the
a testator bequeathed his personal estate subject- the
payment of debts that is not inconsistent Withhthh
e
general charge, but in accordance with it and with
c
general law. His Lordship thought, therefore, that sn,i,
a disposition made at such a time could not be C0%5
dered as rebutting the implication ; but then itthe .
said there were no similar words with respect to v'
personal estate ; his Lordship thought that circumstance
too slight to justify him in defeating the general rilarl
and his opinion, therefore, was that there was a genera „.
charge created by the first direction, and that that byi,
neral charge was not repelled by any subsequent Prn
sion contained in the instrument.
Fola
THE ATTORNEY-GENERAL V. THE EARL OF STAN- e.
The arguments in this part-heard case were then is
sumed, Mr. Jam...-11,...-,11 P-34-I..”6pie 0. wrethereil
behalf of the trustees.
rm. =ear» 1 cientieman had not concluded his argil-
ments when we went to press...

ROLLS' COURT.-(THIS
LANGTON AND ANOTHER v. HORTON AND BIEN.-
This case, which was partly-heard a short time SIP'
and then noticed in The Sun, was resumed this inortga
but, as there was no probability of its being ce",let•ep
to-day, it was arranged that the case of the plain.ltin
should be concluded, and the suit then stand over !),
Hillary term next. •"
The suit was instituted by the plaintiffs, who claimas mortgagees of one moiety of a whaling vessel cra
ton "i*
the Ann, and of her cargo, against the defendant -0-°"zbei
who claimed an absolute interest in both, but who sad
alleged to he only a prior mortgagee of this moieti:nkor
to have no interest in the cargo. It appeared that ho
to the year 1837, the defendant Birnie,
was the owner of one moiety of the ship f
which was then engaged in a whaling nail',
had had extensive dealings with the defendant Pet,"o
rsse-
and in that year applied to him for assistance, i° ide'
eeptance of bills to the extent of 4,2001, and in cons' this
Lion of this made over to Horton, by bill f' sale'
o f
moiety of the vessel, and deposited with him a polio °
surance thereon. These bills were from time to time drawn
ed five times, the last bills being, by arrangement. 'lll'4*
by Horton, and accepted by Birnie. Before the last or
became due Birnie became embarrassed in his eirecre-
stances, and was.obliged to compromise with his then
ditors, and llorton acquiesced in, the arrangenien-ojetr
made, but claimed to be absolute owner of one-1114er,
of the Ann, and of the entire cargo, which, 11°v-wog
had been previously mortgaged to the plaintiff's, .detis
with Birnie, alleged that he was only evessel,
to a mortage on the moiety of the way.
which was redeemable in the ordinary vale-
In the meantime the ship having arrived with ° et
able cargo, Horton took possession and sold his 11:„poa •
in the vessel and the cargo, and kept the amoi"l",i that •
which the plaintiffs filed a bill for relief; and pr3Y,eb, the
an account might be taken of the money receive" ,„I.iallt
defendants on account of the sale,
be declared to be a mortgagee only. „WI
Mr. Pemberton, Mr. Rolt, and Mr. Hall rePires—riledi
and that Hort°ll—
plaintiffs, and Mr. Turner and another J.°
Gentleman the defendants.

TA
VICE-CHANCERY.—(THIS -1";)
(Before the VICE-CHANCELLOR Of ENGLAS-..
THE ATTORNEY-GENERAL v. LANGTON.' , Attot'
This was an information filed by her Majesqnrchase
ney-General, for the purpose of setting aside sior,gingt t°
made by the defendant of certain tenements be ..,•derati°4
a charity, on the ground of an inadequate ccl°-
having been given for them. le lengtij''
After the case had been argued at consider we! 'e
the Counsel for the defendant intimated that til'of tl 01
ready to give up possession and to pay the costs th;
suit. The Court accordingly made a decree I°
effect. t
(Before Vice-Chancellor BRUCE,)
COCKBURN v. SINGLETON.
The further arguments in this cause were resoP-p0
this morning, and were not concluded when we /1" •
to press.
(Before Vice-Chancellor WIGRAM.)
MONTRIO V. CARVICK.
His HoNouß wa's engaged in his private room ":0 in
the greater part of the day in hearing the argoer"twei
this case, which came before the Court on occli
by order.

QUEEN'S BENCH.—(THIS
N
,Sittings at Nisi Prius, before Lord -10N31-4.
, Mr. THESSZG Special Jury.)
apt e d ANDOTHERS
e eascase.
V. ;1111. SeCdtiOt TY:iv
brought to recover damages for the 'Om' stalsalt3a.
the barque Vesper, of which the plaintiffl waa "f:
Januaryt e river
last. It
Ihtalfa
the brig Argus having come into collision wit' :8
appearedmile
from laden
Sunderlandwith
London,some crates
a tir
he turn '
on the day in question off Gravesend, and ats lying
at
the tide orders were given to heave up the no",--ii
proceed up the river to London. The Cap 0'7..
come
come on board from Gravesend, and the loch"
upon her, and there being no sail set,
the act of being heaved up, the vessel havite,2ll-
- ruig:t
Cithrave
lersend, on th
17,
is
l
which' was standing up the river on her starboarl ailed
came down upon her. She was repeatedlY 0
by Captain Shepherd and some of the crocoltr •
square her yards and put her helm down, in dial;
to avoid the accident, but they disregards ,-,y
and her bowsprit got entangled in the rig',Zhor
the
Vesper, and one of the flukes of the a‘i iven-
rhieh was at that time about the wake level, v/35 #
into her side, and she filled rapidly. After sow delay f• •
the vessels were separated. The Vesper beiega -a
•
sinking state, she was run ashore near Gravesee",b r-•
all attempts to raise her proved ineffectual, and slier° fe,
came a total wreck. He would call witnesses to 1:64: 10'
the manner in which the accident occurred, and itt,w--
be shown that the crew of the csper wer net a"
fault, and that they could have done nothing t° r '6:
the collision. He would prove the value of the 'es.b
and cargo, and it would be for the Jury to sar
damages the plaintiffs were entitled to under these
cumstances. .4
James Hutchinson, mate of the Vesper-1 r,c„°-1:
the 28th January last. We were at anchor off
end. Our vessel was laden with coals and some ect et
of glass, bound from Newcastle to London. he
to the windlass, and hove the anchor short. The ;- the
tain then came aboard, and ordered us to heie;'-
anchor up. The tide was runnin ► u and the Veg.? J.
head was down. When the anchor was off tile grc, 0
the vessel was drifting up with the tide. It w' ;or
that time the brig Argus bore down upon us. The th 6
tain was on the quarter-deck at the helm, and hail ed
►to
people on board the Argus. He called out tot• 01, ~,ef
square their main-yard and put their helm dowp*
did not notice him, and he hailed them again•
told him to starboard his helm, and they won Al j-Pits •
clear. Captain Shepherd said the barque w' i
log in the water, and would not obey her he kir."' ho
fore-topmast back stay caught the Vespers ..1u
nce to
"
and the Argus swung alongside. The conic:en(
that the anchor was driven into the Vesper's sid, upv le' 11
the shank ; there was only five inches water to t
before the accident. I called to the master of the Ail
to let go his anchor and get the ships
clear. No
did not do so till he was spoken to 7 sel
or three times, and till he was told that the 1":e'
qt
was sinking. The fluke of the anchor went in sib ere
seven feet below the water line. In five minutes ea 03e.
was three and a half feet water in the well. Wr,e,.1,1 sre
all sail, and ran the vessel on the south shore. ria"
Icy
odr would
ia v aen
ddh
oa
B:Thee e
ovgo
tenhnei
todown
to
np- r
eb(illeep
h,
et e
b_d„
voo
n
her eam"e'
o' hes
pe re sor nos
01
uhe
t the a cat
dent. . The Alarms ,shad plenty of room to have ~a
before she ran into us.
Cross. examined--We had heaved hor Short be'
the ancwaif aely
fore the master came on board. Re told us min L. 4
to heave the anchor, and the Captain went aft te 0
quarter-deck, and put the helm a ort. While we wet „,
at the windlass the Argus *ll
* t tot
struck us, and we nu asides;,fe
fear
of some accident. There were' eight: lea be
myself._ The Captain begged them two or Wei 3 ti,„01,1"
to let go their anchor before the Argus ran into IL'.
Captain called out to him
to squre his main-yard and
p iii
his helthedw m own.
Mat Read—l am a Gravesend pilot. On, the =MI" 1
of January I 'was on board the sloop John AL'Adalk.,
m
which
was in tow of a steam tug. It was, wittil;4o4
hundred aairds of the vessels whin the accident 0ea,...„,
tarred. The vessels had swung with the tide about half'
an hour. I saw the barqueVesper and the brig reaching t.f".
the northward. I said at the time the bri,,e- would hi'''.
the barque if he did not heave his yards aback, or ;
the helm down. The brig was on the starboard tall
I heard them call out from the bark. If tq''
barque had heaved her fore and aback, or put her
helm down and tacked short he might
going live
ii aur or.
avoided the collision. The Argus was
knots a hor Had the anchor been dropped it a
not have gonue. into the vessel, but I suppose their atteey.),,•.
tion was taken up by the vessel bearing down on themboe,,,,,Pl
Cross-examined—l thought the Argus bid to hit",i•
barque from the course she was going in. I don't tlidc
the vessel altered her position further than that the
,
drifted her up when her anchor was up. It is often usustil/,
to get a ship under weigh without any sail being
upon her. —(' ;$l,
Win. NeSlingham was chief mate of the jai., ,
cutter, in January last, I was on board the Vesper !,t.,_ie
few minutes before the accident occurred. I was o e
quarter deck with the captain. The Argus was Stan'