The Sun.
London, England, 1851-11-12 00:00:00

LA TV AMENDMENT SOCIETY.

This useful society met on Monday night at their
rooms, 21, Regent-street, for the first time since the
close of the long vacation. The meeting was nume-
rously attended. Mr. Commissioner Fane was in the
chair ; and among the members present we noticed
Mr. Koe, Q.C., Mr. James Stewart, Mr. Lowe; Mr.
Pitt Taylor, Mr. Cooke, Mr. Carpenter Rowe, Q.C.,
Mr. Vansittart Neale, Mr. Trower, Mr. Macqueen,
Mr. Power, Mr. Gaussen, &c.
The following gentlemen were balloted for and
elected :—Mr. James Hannen, barrister ; Lord
Robert Grosvenor, M.P. ; Mr. IL P. Roche, barrister;
Baron de Rothschild ; Lord Murray, Lord of Session,
Scotland ; Mr. C. Colvin, judge of the Sudder
Adawlut, Bengal ; Lord Ashburton ; Mr. R. M. Kerr,
barrister ; Mr. Edward Walker, clerk to the County
Court, Dolgelly ; Mr. C. F. Tagart, solicitor ; Mr.
Jas. Stephen, barrister , Mr. Edward H. J. Craw-
furd, barrister; Mr. Samuel Boteler Bristowe, bar-
rister ; Mr. Arthur Sperling, Mr. Sheriff Barclay,
sheriff substitute of Perth ; Mr. Robert Wallace, Mr.
Thomas Bell, Mr. William Henderson, barrister.
Mr. JAMES STEWART read a report from a com-
mittee of the society to whom it had been referred
" to consider in what respects the law of England
and Scotland can be advantageously assimilated, and to
report as to the best means by which that desirable
object can be attained." The course of proceeding
suggested by that report was to form branch Law
Amendment societies in Scotland, which should co-
operate with the London Society ; and it is
stated that associations with this view had already
been established at Glasgow and Aberdeen, and
that similar societies were iu the course of forma-
tion in Edinburgh, Dundee, and Perth. Mr. Stuart
also laid on the table two reports upon the amendment
and assimilation of the laws of England and Scotland,
which had been issued by the societies of Glasgow
Lind Aberdeen.:

These reports having been received,
Mr. PITT TAYLOR moved that it be referred to a
committee of the society " to consider the present re-
lations between the Bar, the Attorneys, and the Client,
and to report whether any and what alterations can
be made therein with advantage to the public"—
agreed to; and certain members named with power
to add to their number.

Mr. STEWART next read a paper on what is tech-
nically called the " Judge Master Question," and the
object of which was to show that the business of the
Courts of Equity would be greatly facilitated by an
enactment that should compel the Judges to work
out their own decrees without the intervention of the
Masters in Chancery. The paper referred to valuable
evidence on this subject which was given before a
Committee of the Lords of last session by the Master
of the Rolls and V ice-Chancellor Turner, and it
ended with certain resolutions in favour of the pro-
posed reform.
These gave rise to an animated discussion, in which
Mr. Neale, Mr. Cooke, Mr. Commissioner Fane, Mr.
Taylor, and several other gentlemen took part, and it
wai ultimately arranged that the paper should be
y a p e period
re-
ferred to the Equity Committee, with directions to
that body to report on the subject at as earl
as possible, it being a matter of very great importance
The other formal proceedings were then disposed of
and the meeting separated.

THE EGYPTIAN RAILWAY.
The Augsburgh Gazette of the 6th inst. publishes
the following telegraph dispatch, which was delayed
by an accident to the wires :
" ALEXANDRIA, OCT. 22.—A dispatch from the
Porte allows the construction of the railway, and
makes the concession with regard to the Tanzimat.

TIIE KING OF HANOVER.—The last accounts from
Hanover come down to the 7th inst. They state that the
King had passel an agitated night, and had not recovered
any strength. The general impression was that his life was
near its close. His Alajeaty had signed his will a few days
previously.

THE LATE LORD MAYOR'S DAY.—Perhapst the
most pleasing feature connected with the recent celebration
of the election of Lord Mayor for the city of London, for the
ensuing year, was the entertainment, by order of his Lord-
ship, of the children belonging to the ward school of Cole-
man-street, of which his Lordship has long been president
and a most liberal patron.. The best old English fare (supplied
in good style by Mr. Morrish, of Bell-alley, in the ward), was
given to the children, 89 in number, one being absent through
sickness. Having enjoyed their plum pudding and roast beef,
each of the children was presented by Mr. Perkins, one of the
fi enetia
leading Common Council of the ward, by order of the Lord
Mayor, with a new shilling; after which the boys and girls
present sang the " National Anthem," and the interesting
n, and of other
:-
ample proceedings
b asb
eclosed.en followed
by se understoodveral excellentstfhatthetlamiseat
Washington, Captain
inhabitants of the ward of Farringdon-within,
wards within the city of London.
SOUTHAMPTON, TUESDAY, NOV. 11. T
arrived here this morning from Bremen to load for G. W. Floyd,
States mail steam-ship
fUornNiteewd
York, for which port she will tak
15th instant.e her departure wa the

LAW INTELLIGENCE.
ROLLS' COURT, Nov. 11.
POPE V. POPE.

Thi, was a special case to take the opiuien of the
Court upon the construction of the will of Mr. Field, de-
ecesed, a veterinary surgeon in Oxford-street, dated 30th
July, 1833. The testator bequeathed to his daughter
Mary, in trust, 10,0001. Consols, for the joint life of her-
self and any husband that she should marry, and for
that of the survivor ; and then upon their decease to
euch of her issue as should be living at, the time of the
decease of either. The will contained a provision that
it the issue of his daughter died during the life-time of
herself or husband and leaving issue, the issue of such
of the issue of his said daughter so dying should stand in
the piece of his, her, or their parent, as to the share to
which such parent should be entitled. The testator's
daughter married Mr. John Gould; she dying left a
daughter Mary, who married a Mr. Pope, of which
marriage there were two children, John Goauld Popo
and Ernest Pope. The question arose whether Mary
Pope, the mother, should be entitled to take the whole
fund, or the two sons two thirds between them. The
decision depended on the interpretation to he put here
upon the word " issue."
Mr. Roupell was heard for the plaintiffs; Mr. R.
Palmer for the defendants.
The MASTER of the ROLLS said it was clear the tes-
tator had used the term issue as meaning child. The
word issue in its ordinary sense meant descendants, but
the testator in this case used the term " the issue of
such issue ;" and, therefore, the word issue restricted its
meaning to children. His Honour decided that on the
death of Mary Gould Mrs. Pope, her daughter, became
absolutely entitled to the whole fund.—The judgment
was entered accordingly.
PRI.
(BeEfo.l4o Sir
HTIERVBEEnCTOJUENRNTE,Iti\r7ouv.sTI
l.)
etnateneisiAseuliS et
tatucnt of John it
is
soughtWatsonANDto L E
proveige lD
theEr
late
01
faNsTßt Eewal
mivl
IEo Nntietu,Ndont.
near
as ;
Maideahead, and of Old Cavendish-street, dated the 25th
of January last year. Mr. T. M. ne of the
executors thereof, proceeds against Mr. Williams,Ward, an axe-
eutor under a former will. On the peed of Mr. Ward
tahgeedc6hsildr
it was pleaded that deceased died on the 25th or 26th of
wa January,Watson,
his brother,
aba ealnodr, , aenwndhleaving
in
an h
deceased
v Robertt
of an intestacy, would be entitled in distriCutiont e
sister, his lawful nephews and nieces, event
at his decease, and for many years before, he h*d beena
im-
portations from which, consisting of silk, indigo,n
uu mm
the head partner of a mercantile firm in Bengal,glther
and sugar, amounted to upwards of 100,0004 per annum.
That Mr. Ward, the party to the present suit, was em-
ployed by the deceased in 1838, as his solicitor, and
continued so until his death. It pleaded that the de-
ceased executed a will in the year 1839, and in the early
part of 1844, being desirous of making some alterations
in the disposition of his estate and effects, gave instruc-
tions for a new will, which he was anxious should not
interfere with his agents in the management of the
partnership affairs, and which ho signed on the 19th
of April in that year. That Mr. Watson, by such
will, devised all his real and personal :estate in Eng-
land and Bengal to trustees, to carry on his business
until the co-partnership expired, and in addition to
certain annuities, bequeathed pecuniary legacies amount-
ing to 85,0001. He gave 20,0001. to his trustees to pay
such parts of the dividends thereof as they thought prcp3r
for the maintenance and education of Miss Watson,
.his
illegitimate daughter, during her minority, and on
her attaining 21, to transfer to her the principal
tahelrifeeof;anannudithye
o bequeathed„,ool.lttopldetehaewd wife
e ofti Mr. Williamst, hton the 2sh t
January, 1850, the deceased being very ill, Mr. Williams,
N
the party in the cause, called on Mr. Dimond, a solicitor,
and requested him to call on Mr. Watson, for the pur-
peso of making his will, informing that gentleman that
ho had made nu will, and wished to make a provision fur
his natural datthttr; end in reply to a question from
Mr. Dimond, said that the deceased had no solicitor of
his own. That at the time instructions were given for
the will, and also when it was executed, the deceased
appeared to be in a dying state, that his mental faculties
were impaired, and that he was incapable of understand-
ing the contents of the instrument, and the effect it
would have upon his estate is India, or upon the capital
embarked in his business in that country, and especially
with respect to the winding up of his partnership affairs.
That at the time the will now propounded was executed
the will of 1844 was in an uncancelled state, cud was
round in a box, which he kept in his room. That the
daughter to whom 20,0001. was bequeathed by the will of
1844, was the same party to whom the annuity of 2001.
was given by the latter will; and that Mr. Abbott, one
of the executors named therein had had no previous
acquaintance with Mr. Watson, but was a friend of Mr.
Williams, and was on terms of intimacy with him. On
behalf of Mr. Williams, the responsive allegation
pleaded, that the deceased sustained serious losses sub-
sequently to the execution of the will of 1844. That
thu mercantile firm in which he was head partner re-
quired advances amounting to 290,000/., and that the
oeeeased'e affairs consequently were in a very involved
and embarrassed condition, and his estate was not more
than sufficient to meet the several liabilities thereon.
That the deceased frequently :complained, during the
latter years cf his life, of the embarrassed condition of
his affairs, and said he should be a ruined man; and
(luring tae last year of his life expressed a great anxiety
lest his natural daughter, for whom he had always en-
tertained much affection, should be left wholly or nearly
unprovided for. That, shortly before his decease, he
wrote to Sir G. M. Anderson, Governor of Ceylon, ex-
pressing a hope that, under all the circumstances stated
in the letter, he would allow Miss Watson 300/. per
annum. He wrote also to his brother in India, asking
him to protect her. That the deceased, towards the
latter part of his life, had greatly diminished his confi-
dence in Mr. Ward, and had determined on executing a
new will. That, on the 24th of January, 1850, he sent
Mr. Williams, with whom he was on terms of great
triendship, and who had charge of Miss Watson, to his
house at Belmont, to fetch certain boxes of papers,
with the view of making the will now propounded.
That, on the following morring, being warned
by his medical attendant of the necessity of
settling his affairs, he, on the return of Mr.
Williams, requested that gentleman to fill up a will
paper. This Mr. Williams declined to do so, and pro-
posed to send for Mr. Ward or Mr. Laidley, which
proposition was negatived by the deceased, who told him
to cull in any professional man ho liked. On asking
him whom he wished to appoint executors, he replied
that he could place confidence in Mr. Williams, and
would appoint him. That on Mr. Williams suggesting
various parties to be associated with him, the testator
replied, ° No, name any one you like." Captain Abbott
was named, and immediately approved of by the de-
ceased. It pleaded also that Mr. Williams, in accordance
with the desire expressed by Mr. Watson that he should
call in a solicitor to prepare his will, waited on Mr.
Dimond, with whom he was not previously acquainted,
but did not inform him either that the deceased had
no professional adviser of his own, or that he had
made no will. On the contrary, he mentioned that the
deceased did not wish to call in his own solicitor.
That on the day of the testator's funeral the will
of 1844 was discovered in a box containing old account
books and loose papers, with the envelope un-
sealed, and was nut in the room in which he died.
That his usual manner of speaking was very quiet,
sloes, and gentle, which • was increased by his illness;
but that his faculties were not in the least impaired or
debilitated at the time he executed hie last will. It
pleaded in conclusion that he was advised by his medi-
cal attendant to settle his affairs, and was at the time
perfectly capable of understanding the effect which his
will would have upon his estate and partnership.
Dr. HARDING appeared for Mr. Williams, and con-
tended that the capacity of the testator was most clearly
proved; and the only difficulty, if any, which appeared
in the case was Mr. Dimond seeming to doubt now about
an act in which he took an active part at the time. The
features of the will propounded appearing somewhat sin-
gular. and at variance with previous dispositions, might
erby to e 3
be attributed to the changes which had occurred in his
Ile
circumstances, and front the securing 2001, per annum,
duel pdt
feel
e lb by
bound
o deceased,
pronounce
ilnesoinudg,twhehossueggvetesprtisono,r
rho
ot
leogfadlecmemeashedin, but of Ma
carry
Di-
mend, y m
ieteutione into (street were
auernitted that the Court would
lor the capacity et the deceased and the willof -
1800.
Mr. DEANE tuilowed on the same side.
Mr. Robinson appeared to Mr. LaidleY
the deceased, and supported the will. nephew
of
Dr. JENNER, on behalf of Mr. Ward, said he
did not
tend to rest his case either on insanity
or delusion, but
contended that, owing to the testator's weakness of mind
he must have been affected thereby, and this was born©
`tut, by medical testimony. It
seemed the testator, as
.well us Mr. Williams, was ignorant 11
:although the one of 1544 wasor in the room when of any former wtino,
later one was signed. Without imputing aywrong in-
tention to Mr. Williams, whose motives-mienht bsve be"
very good, that gentleman had acted in ignorance of
what had been formerly, and Mr. Dimond Lied taken for
granted all that Mr. Williams had told him; whereas
gill difficulty would have been removed had the testator
been questioned about the former will, and the state of
Iris affairs. The testimony of Mr. Dimond showed that
if he had known the state of the case he would not have
allowed the latter will to have been made by Mr. Wat-
son. There being a deficit probatio in,ourt must pro-
the case, the
Learned Advocate submitted that t Che
nounce for the will in dispute.:
De. R. Phillimore appeared on the same aide.
Drs. Harding and Robinson replied.
Judgment deferred.

_,
_______
TH ES UN AND MOON IN 1852.
TheEczali number—that is, three of the sun
of the moon, but only one of the latter will be
d three
anvisible in this country. 1. A total eclipse of the moon, Jan.
17, visible at Greenwich. Begins at twenty minutes past
six.to ur iriEtnhdes
at morning.night
in htlhidedilneaorfntihneg.ecl2i p. sze
partial
tmiailnuetcelispasfeteorf
prisesEsarensYiz in
thesuenc, Jan. 21, invisible at Greenwich. Begins at thirty-
three minutes past five in the morning. Middle of the
eclipse, twelve minutes past seven. Ends fifty-two minutt a
past eight in the morning. 3. A partial eclipse of the sun,
June 17, invisible at Greenwich. Begins at fifty-six minutes
past two at noon. Middle of the eclipse, fifty-nine minutes
past four. Ends two minutes past seven in the evening. 4.
A total eclipse of the moon, July 1, invisible at Greenwich.
Begins at thirty-seven minutes past one, mill Middle of
the eclipse, 26 minutes past three. Ends fourteen minutes
past five afternoon. 5. A total eclipse of the sun, December
b 1 iiezePti minutesnA/Ig held
11 , invisible at Greenwich. Beginssuirteas_tpgrterixeranato'm-
past one, morning. Middle of the eclipse, twenty-four
minutes past three. Ends at fifty-five minutes 3
nioruingat.
6,6t.eetpvaierhti.al
BeginseLlipse ofat the moon,
iDecembernnapast
p,
as in-
visibleteplaes7onnion,
rthenndlso rant
inthgiltylN-Itiwdodlnie
minutes past
easclitprstee,wen'tharteen:Zutes
agreed to the appoint-
mentat the London Tavern, yesterday,
ar
ThGe farEeßhAolLdeSrsCinßElVisScTomEAPat company, at a
g, the manag-
ing of complaint alleged against of directors. The committee to
ing director, by the board _
of a committee of six sheholdurer.sLtoanininquire into the
to prefent ite report oil beedsl
wtoeebte.nominated to-dtly, And