The Sun.
London, England, 1834-11-07 00:00:00

PREROGATIVE COURT, Nov. 6.

The first Michaelmas Session of this Court was held yes-
terday. The business transacted, however, was, with little
exception, quite formal.

IN THE GOODS OF SIR ROBERT WILMOT, DECEASED.

The testator in this case appointed five executors—Lord
Kenmore, his three sons, and Charles Benbow, Esq., with a
condition that in the event of any of the persons named
omitting to prove under the will within three calendar
months from the date of his death the appointment, as re-
garded such persons should he void. The testator died on
the 23d of July last, and early in October one of the sons,
John Eardly Wilmot, together with Charles Benbow, took
out administration without prejudice to the rights of such
others of their co-nominees as might prove within the sti-
pulated period. It appeared that another of the sons,
Charles Foley Wilmot, was absent from England during
the greater portion of the month of October upon business
relating to the testator's estate, and in consequence was
unable to offer himself to the proper officer, with a view to
his proving under the will, until the 23d of October, being
exactly three calendar months from the date of his father's
decease. Upon, however, his presenting himself for the
purpose the officer declined receiving him, alleging as his
reason that the stipulated time had expired.
Sir JOHN DODSON now applied to the Court on his be-
half, and urged strongly that the day of the death should
not be included in the period named by the will.
Sir HERBERT JENNER thought the rule laid down in a
somewhat similar case by the late Master of the Rolls would
be the best precedent he could select for disposing of the
application. According to that rule, the collateral circum-
stance of the particular case should be considered, and if a
favourable construction could be put upon them, the appli-
cation on it to be granted. He should make an order, ad-
mitting the applicant to prove under the will as if he had
done so within the stipulated time. As the point was one
which required the discretion of the Court, the officer, he
thought, was quite right in refusing the original application.

BANKRUPTCY COURT, Nov. 6.

(Before Mr. Commissioner WILLIAMS.)
PATRICK PHILLIPS' BANKRUPTCY.

The bankrupt in this case wasa dealer in oysters in Old
Hungerford Market, against whom a commission of bank-
ruptcy was issued in 1794. Today was appointed for a
meeting of the creditors, for the purpose of going into an
audit of the accounts, when Mr. Brooksbank, the solicitor
to the commission, informed the Commissioner that, in con-
sequence of documents attested by the British Consul in
America, and other papers, received only a few days since,
a most important change would be made in the distribution
of the residue of the bankrupt's property, which was consi-
derable, owing to accumulation, a heir-at-law having been
discovered in the person of the son of the bankrupt, who
had fled to America about forty years ago, and died there
an uncertificated bankrupt.

The following are the extraordinary circumstances re-
lating to this bankruptcy, the material facts as regards the
existence of a son having only just transpired, though every
inquiry to ascertain a heir-at-law have been previously
made, when a claim was put in by a party, and his interest
was all but acknowledged, under a decree of the proper
tribunal.

Patrick Phillips, together with another person of his
calling, stiecueded in obtaining a part prize of 20,0001. in
the lottery. Phillips invested the chief portion of his share
in houses, but became involved, and mortgaged his houses,
and was afterwards declared a bankrupt in 1794, he flying
to America to avoid his creditors. The estate was much
wasted, but owing to improvements at the west end of the
town, Mid by aocutintlations, the assignees were enabled to
make progress in clearing off the debts. The commission
of bankruptcy slumbered on until the New Court of Bank-
ruptcy was established, when Mr. Clark, the official assi,r-
nn, was appointed to go into the case, the result of which
was most satisfactory to the creditors. The creditor's as-
signees had received the rents of the bankrupt's estate,
by which the mortgages, &c., were paid off, leaving an
estate off` between 49V1 and 500/. for the heir at law.
The creditors have teed paid twenty shillings in the
po,lnd, and those whose securities bore interest upon
nterest from the date of
the fac2. of them, have receivea.: —ounting to double
the commission, in some instances ditors
the principal. The simple-contract ez an
claimed interest, but the alleged heir at law -obta2
d
. ~

order of Court restraining the payment of such interest.
The publicity given to these proceedings, it is believed, first
gave information to the son of the deceased bankrupt that
so valuable a property was awaiting the decree of the Court
to go to the advantage of another party. In 1826, when
it was known that the estate would prove so rich, measures
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