The Sun.
London, England, 1848-03-04 00:00:00

SINGULAR BEQUEST.—NIGRTINGALE V. GoULBOURN.

The arguments in this case were resumed and con-
cluded to-day. The case came before his Lordship upon
appeal from the decision of the Vice-Chancellor
gram under the following singular state of circumstances:
—The testator in this cause, a gentleman of the name of
Colonel Petrie, had, by his will, dated in July, 1843,
bequeathed several legacies to various persons, and af-
terwards gave the residue of his personal estate to trus-
tees, upon trust to pay 2001. per annum to his widow,
and also to pay 1,0001. to the present managers of the
Scottish Episcopal Society, and to make other pay-
ments. He then added the following clause :—" I
desire my trustees shall convert my investments
into money, and that they shall pay such money,
after the payment of legacies and the expenses of
the trusts of my will, to the Queen's Chancellor
of the Exchequer for the time being, to be appro-
priated by him for the benefit and advantage of
my beloved country, Great Britain." The testator died
in April, 1844. A bill having been filed by the plaintiffs,
as executors, against the Right Honourable Henry
Goulburn, the late Chancellor of the Exchequer, Mrs.
Perie, the widow, several parties next of kin, and the
Attorney-General, a reference was made to the Master,
who found the amount of the residuary personal estate
to be about 16,0001. The widow having died in February
last, the case was heard before the Vice-Chancellor
Wigram, the question before his Honour being whether
the residuary bequest was a valid one, or whether the
property contained in it was undisposed of and distri-
butable as such among the next of kin of the testator.
The case was argued at considerable length in the Court
below. His Honour, at the conclusion of the argument,
took time to consider the question, and ultimately gave
judgment, declaring the bequest to be a valid one,
though at the same time stating that the ease was one
on which he had great doubts. From this judgment
the parties appealed to the Lord Chancellor, and the
case has been argued before him at great length.
Mr. Horace Twiss and Mr. Wray were counsel for
Mr. Goulburn. _ _ _

The Attorney-General, Mr. Wood, and Mr. Faber,
appeared for the executors, and
Mr. Romilly, Mr. Hallett, and Mr. Bell, were counsel
for the representatives of the widow, who appealed
against the judgment below, contending that the Court
below had come to a wrong conclusion, and that the
bequest was wholly void, not being a charitable use
within the statute of the 43d of Elizabeth.
Mr. ROMILLY replied today upon the whole case, and
The LORD CHANCELLOR postponed his judgment.
No cases of any public interest occurred either in the
Rolls or the Vice-Chancellor's Court.

SPORTING INTELLIGENCE.
LIVERPOOL SPRING")CUP.—The bet laid after the race
was for the Chester Cup, not the Derby, as stated in
yesterday's paper.

INTELLIGENCE EXTRA.
CROXTON PARK RACES, 1848.

Acceptances for the Granby Handicap.
The Magnet, 6 yrs, 12st; Givendish, aged, llst 13lb;
Joe Level, aged, list Blb ; Ysticuff, aged, list 81b;
Bowstring, 4 yrs, list 61b; lI 'ugh and Ready, 6 yrs,
Ilst 61b; Ballinatad, 4 yrs, 1 Ist 61b; St. Oswald, 4 yrs,
list 61b; Spectator, aged, list 31b; Peep-o'-day-Boy,
4 yrs, list Mb; The Hackney, aged, list 31b; Colum-
bus, 6 yrs, list 21b; Free Lance, 5 yrs, list lib;
Valiant, 6 yrs, list 1; Tom Jolly, 4 yrs, Ilst; Chance,
aged, lOst 131 b; Parson's Clerk, 6 yrs, lOst 121 b;
Pimento, aged, lOst 12113; Nimble Harry, aged, lOst 91b.
Acceptances fur the Gold Cup.
The Magnet, 6 yrs, 12st; Cavendish, aged, list 131 b;
Joe Lovell, aged, Ilst 10Ib; Fitzwilliarn, 5 yrs, list 61h;
Ballinafad, 4 yrs, list flub; Spectator, aged, list Sib;
St. Oswald, 4 yrs, list 51b; Free Lance, 5 yrs, I Ist 31b;
Valiant, 6 yrs, llst 31b; Emigrant, aged, llst 21b; Tom
Jolly, 4 yrs, I Ist 21b.
COVENTRY RACES, 1848.

Acceptances fur the handicap of 10 sous, each, &e.—
Tom Tough, aged, Bst 51b—Master Downes, 6 yrs, B.t
31b—Fiddlestring, 5 yrs, 7st 111b—Mariette, 5 yrs, 7st
111b--Lady Lurewell, 4 yrs, 6st 121b—Passionate, 4

DIED.
On the 29th ult., at Herne-bay, Augustus, the infant ion
of the Rev. G. W. D. Evans, Vicar of Reculver, Kent.
On the 2`.lth ult., at Harley Cottage, Bow-road, Mr.
Alaktny, aged 35.
On the 29th ult., at Tyndale-place, Islington, Mr. Samuel
Hopley.

MONTHLY MILITARY OBITUARY.
Lieutenant-Generals—Sir T. Re) nell, Bart., K.C.8.•
71st Foot, Arundel ; Sir John Maclean, K.C.8., 27th
Foot, London; Thomas, Lieutenant-Governor of Tyne"
mouth, Westleigh, near Bideford; Burrows, Gosport.
Major-Generals—Samuel Lambert, Jamaica ; Doyle,
London ; R. L. Evans, 0.13., East India Company's
Service; W. G. Strutt, Governor of Quebec, Essex.
Colonels—Peebles,Royal Marines; Rochfort,Brighton•
Lieutenant-Colonels—Phibbs, 88th Foot; Brandretb,
Royal Engineers, London ; Burton, Royal Marines
Ellis, C. 8., Royal Marines; South, b. p. Bth Foot, Essex.
Majors—Duff, h. p. 90th Foot, Wiesbaden ; Seward,
late of the Royal Marines, Chatham.
Captains—Herbert, 62d Foot, Killarney; Groom-
bridge, h. p. 91st Foot. Jersey; Baly, Unattached (Ad•
jutant Renfrew Militia); Disney, h. p. York )hussars.
Lieutenants—Parker, Adjutant Ist Foot, Newry
Every, h. p. 15th Dragoons, Kent; MsDonagh, Adjutant
2d West India Regiment, Nassau, Bahamas; Burney,
Royal Marines; Moore. h. p. 27th Foot; Bridgewater,
h. p. 36th Foot; Mooris :, h. p. Royal Marines; YOU •
Schauroth, h. p. 'sth Line Battalion, King's German
Legion. _

Second Lieutenants and Ensigns—Bull, 24th FOO6
Agra; Dixon, Ceylon Regiment, Hong- Kong; Baynes*
Royal Marines, lost in the Avenger; Fuller, late of the
2d Royal Veteran Battalion, Kennington; Toy, late °I
the sth Royal Veteren Battalion, Hull; Crociefihia, b.?•
Corsican Rangers; liaise, h. p. Ist Light Infantry, Ifiog
German Legion.
Quartermaster—Collins, 16th Foot.
Assistant Commissary General—Laurie, London.
Surgeons—Robinson, Staff; Dominica; Williams,lll.Do
h. p. 68th Foot, Kingston, Canada.
Chaplain—Rev. G. Clark, Royal Military Asylum.
Veterinary Surgeon—Miniken, h.
Guards.
p. 7th Dragoon

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London : Printed and Published by MURDO YOUNG. la
No. 112, Strand, Printer, at The Sun Office, No. 1121
Strand, in the Precinct of the Savoy, in the countY "
bliddleaex, Saturday, March 4, MI.