The Sun.
London, England, 1805-11-15 00:00:00

that
7Nobleinat)' was represente.d Laving: a spl:_etutid
fortune of &mod a year, yet when it was consi- •
dered.tha it was now subje& to,the claims of so
many needy. Creditors, the. Lady in.question, in-
stead of being deemed - unworthy of such. an al- -
lianee, had.perhaps.atrthis moment reason to ,con-
gratulate herself on beillg Mrs. ;Darner Instead of.
Marchioness of Donuepl. . Theplea of Lord D 042-
negal beinc, now out.of the Country could be of no
More avail-against this than any other debt; and. he .
could not give 'that Nobleman .much credit for his
good intentions, when be.refieeted that, .at the mo-
ment..of, his transa&ing this business . with Mr.
King, and of his cancelling the bond, he was in
aatral treaty with Miss Bellamy and her father..
The LORD • ClXAt4ctitioa did net think the ab-
sence of the Marquis from this Country any bar
to the demand ; and as the bond given to the Lady .
was not satisfied to her', if Kin & delivered it to the'
IVlariluis, he should have considered himself as hold-
ing it in trust for her. He owned that the cir-
cumstance Of her entering into a bond, the, penalty. ,
of which she. Would be 'unable to di.;',..harg-e was
liable to suspicion-; but Courts of Justice could not
trust themselves With any thing so dangerous. as
making their decisions depend upon suspicions cit.-.
cumstances, or what they might have heardin other
cases, or in- 'another place: The difference in the.
situation in life of the two parties did not invalidate
-the comma, nor redtice the Iwintinn. of .the com-
pensationi forbreaches.and diSappointmepts of.this
kind were Id(ely to do most injUry to those in mid-
dling stations. It, appeared,that after his Marriage
wits-Miss May, the MarquiS still acknoWledged the
justice of this Lady's d ekpressedilis disap-
pointment at King's hot saik,fyilict it. The tnins-
a&ion.between the latter and the Marquis was con-
fined.to themselves, and did not leave her the less a
Creditor, though it might give him a demand on
'King. He, therefbre, ordadd-that the exception
should be allowed. "

COURT OF CHANCERY, Nov. [3.

BREACH OF A MARRIM; CONTRACT.

War. TURNER, ONT THE PART of suz4rANA rrtANcEs,
HIS WIFE, v. Tim MARQUIS OP IiONN'EaAL.

This exception to the Master's Report, disallow 7
ing the claim of the Plaintiff, on a bond for 25001.
Was opened,by Mr. ROM ILLY, upon the affidavits-of
Mrs: Turner, Mr. Bellamy her father, and Mr.
Bryant, who, in -this transafliOn, was the Agent of
the Marquis of Donnegal. From these it appeared,:
that, on the-loth of, February, 1704 ,the Lady in
question was on a visit to the Countess. of Lanes-
borough `ancl'Mr, ;King, leriadyship's husband,
where she received the addresses of-the present Mar-
quis of Donnegal, who. proposed marriage to her,—
As he was, at that time, on the point of leaving
England, he' was very solicitous to enter into an
agreement, or contrakit, between them, which would
secure' their marriage -at a convenient time. ' Mr.
King undertook to prepare an instrument for this
purpose ; and, on the 20th of February, in the, year
already .mentioned, she and the Marquis, being in-
troduced into Mr. King's closet, signed a post-obit
bond,- in a penalty. of 40,0001. each, if. •their mar.
riage-contraCtshould not be performed on the death
of his -Lordship's father; she, -of course, signed
under her maiden name ofjuliana Frances Bellatny
and,, as Mr.- King was - the trustee, it was agreed
that, the bend: should remain in his possession. In
the month of August, 1795, finding, by the neWs-
papers, that his -Lordship was actually married to
Miss May, she applied to King to deliver up the
bond, but he evaded doing so. She:since: learned
that he had sold the original bond to Mr: May for
another of 25001., which 4e;.appropriatod to ins own
purposes. She did not know, however, that the lat,
ter bond was given for her use and benefit, and as a'
compensation for the breach. 'of contrail, till the
Marquis hiniself wrote to that etreeL: in a letter to
her father, Int she sNv-bre that she never eropower
ed King to at in that manner for her. .
• The affidavit of Mr. Bellamy, her father, corio,
borated most ' parts' of the "above statement, and
added, that when he found the Marquis had-com-
- !flitted* breach of contra% in" marrying' another, he
demanded the bond of Mr. King ; but the latter re.-
thsed. to gil;d it up, and, at last, said,, he had de.
stroyed it. It recited several letters from the Mar-
quis himself, in reply to. his applications, calling
upon him for 'compensation for the injury. he' ,had
done to his daughter; In 'all of Aliese, his, Lordship
constantly acknowledged,thejustice of- thedernand,.
and promised to. make compensation as soon as he
NV.IS able. The.first Was dated On. the 18th of De-
cember, 1799, in which the Marquis prothised that
the demand should be settled asysoon as possible.—
There was 'another on the 6th of February,. 1800,
while Miss Bellamy wai still single, in which the
Marquis ae:ain confessed the claim to be just,.:.and
said, he-had instrudod his Agent to make out deben
tares for the payment. There were many other
letters, to the s:une offeel, in which he 'complained
that his Trustees 'had behaved very ill-to him, anti-
pitimised, upon his honour, that this should be the
first debt paid when his atrairs should be put in 'any
train of settlement. At last, however, the Marquis
'informed him,' that King. bad received the money
from one of his Agents,-which Was meant for cone.
. pensatieo, and that the original, bond was cancelled;
but, that he considered hit-1450f still answerable, and
would take no advantage of the- circumstance,
whether King should pay back the money or not.
• Mr. Bryant's affidavit Stated him to have been
Agent for Lord Donnegal in this and other trans
actions; that, by his. direaions, lie made •out de-
bentures to King for te,oool. upon his giving up
other' bonds, ~lnch he held of his Lordship, :fin..
36;5001, ; amongst the former was one for-the sum
of '25001. tor Miss Bellamy. That immediately
afterthis was executed, Mr. King gave a parcel -to
the Marquis, containing his letters to Miss Bellainyi,
and the bond for the marriage-contra& He thought,
at that time, the Lady ,had placed the 'utmost confi-
&fit:C.4l Mr. King, and the debenture was made out
in the names of 'Juliana F. Bellamy and the Hon.
Geo. Augustus Butler; that, at a subsequent time,
the Marquis expressed to him his disappointment at
King's not having paid her the compensation, as .the'
bond was given for her, use and' benefit. These, the.
Learned Counsel said, were the grounds upon which'
this claim rested. The question was, Whether the
Marquis of Donnegal had'ever given, this bond, and'
if so, Whether. his Client' had ever been satisfied
for it ? These, hethought, could admit of no';argu-
nient ; though he could,not produce either the bond
or his Lordship's letters, as they were delivered up
to him by Mr. King, and Consequently cancelled:
He therefore submitted, :that the Marquis was still
indebted to her in this compensation of 25001. which
was all she noW,demandM ' • and for which King
could never be iii(rnitted a creditor; as he never gave
Any. considpriltiop :for

W,A.TIREL V. THE MARQUIS Or DONNEGAT—,
This was an exception to the Report of the Master,
under the following circturr tances will.ke,re-
collOte(l, that tho present Marqnis of bonuegalron
the death of Iris father, fOund himself so much etrt-
barrassed by numerous cla tti.z And
,obligations, in •
which ha was' prima. facie a debtor,,to .such an ex-
tents that be was under, the necessity.of executing; a
deed to some Trastees, empowered j.)y, a Peeree- of
Chancery, to , enquire into,. . liquidate, and arrange
all the just claims upon those
the present bond of 50001. 0-oti toCrooke ,
for the porchase of an estate, firtn,;house,- furni- .
tune,
,end some brood =tress, at Eghatn.l4ill, where
they were •after Wards sold in, execution for some
other of his Lordship's debts. It was ;greed that
the money.was not to, btu vti4 till after his father's
death ; and, in the meantime, .1\1;r. Cropke.
become a bankrupt; this bond, with a lien of SQOI.
carne into the hands of Mr. '‘Varrel,,pne of the
signees of the Bankruptcy. Croolte,in b s atlidavit, -
'stated, that what. he rvccived the bond in censidera-, •
tion of was worth the money 'charged on but the.
,"Taster trot being-satisfied with the account given..Of
the transaction; refused to'admit the
.claitn. Several
'affidavits were.produced insupport of.ttle justice of
the claim.' - and.' . •
Mess. Poor and RoNtria.,'Y cOntended,that it ought
to be. allowed : as, , even sAppooing., the originatA
AransaetiOn befween CroOke:and the Marquis to have;
been vicious, it-could not affcf6t. this...t.l.hsigttec, who,
tvitlroitt au question, received, itfor a valuable coil-
lideratidn. . ,
Mr ilie'lona)ide.Creditor, maintained, •
fiat the nature and terms el the Peed !„)ITrUst pre
eloded the Tritstces:from adrnittize; any claims,, in
which the valuable consideration was not
,proved,..
otherwise the Trust- would 1t rio proteelion
.at: all. to
the Marquis, who, in, his thoUghtless mornents,,Was
induced to execute' instrntuents Which had been
fraudulently. or • delusively . obtained. 'The -Master, .
could get. no satisfactory 'account of the real valite
of what was called an estate ; though 7it tamed out
,to be only the leasehold tierhaps ,of a
,rack-r,ent.;,.
and of the farm, brood 'mares, Sze. he could obtain ,
no 'better inform:n*lot). ' alsti 'understOed, he,
said, that this claim upon Crooke's Bond was pur-
chased by .Mr. Wairel for the 4tun of eleven • gui-
neas,

. ,
The Lon 4..ATANCEI.r.OII saiu, that he thought) in
the present instance, the COurt had but little to do
with the consideration; but, as it appeared that ,the
whale of the transaelion was not, es it ought to have
been, sifted to the bottom, it ,he ordered that sliveld
.
he referred back to the Master,. to review hislte7
port.

DLOXAM AIID OTHERS V. TICE M4I4VIS OF rioi:4o

NgGAL.

In this case it appeared; that the house of Eloxam
had advaticed,large sPRIS of money on tile security
of bonds given by the Marquii-of'bunlicgal, for
Mr. Mari 'his lather‘....in7law..' After the Deed Of
Trust had. been executed, some difficulty arising be.
fore the Master in the admisSionof the demand, the-.
Marquis and Mr.. Nlay gave. them fresh.. security
for ,the debt, and the questiot*.was, Whether; the
Trustees were not precluded 'from the. payment of
the first security to the Plaiutifii, by thcirhaving ac-
Cepted ofa second: ?
The.LOßu CHAN CEL tog, observed,,that the terms,
of the Trust-de:ed. must determine whether it
chided the Trustees from the pa mentl of- bonds to
parties who shouid accept "of _ether .securities.--,
Therefore, before he made any decision on the case,
he musfinquire father of the Master.

Mr, MAT,. for
.the Creditors, .contended, that it
was contrary to' the praCtice of the Court to make a
Decree in favour of thiS 'demand in the absence 'of
the Marquis of Donnegal, who was not now in this
Country, and of Mr. King, who
,was the other
party. It was, evident' that .Mr.' King was the
Agentand Trustee for the Lady in the whole, trans-
action. The Marquis was a-yoiiiig Nobleman, of
ooe•of the roost splendid fortunes and distingnished
-families in the kingdom ; and there was nothing to
slim that the Lady was of such a *rank, chary ter,
orfortune, that could entitle her-to such a match as
was contraEted for in Mr. King's closet, with Out
any other witnesses: Miss Bellamy, at that time,
hound herself-in a-penalty of 40,0001. to perform. a
condition,-Which, had she refused to do, there could
he no danger of her ever. paying. The confidence
bhe placed in Mr. King was evident, by her .making
hint a• Trustee, :and entrusting' the bond to his cus7,
tody and he trusted that his-'Lordship would .not
encumber the lawful' Creditors With the payment of
such a demand ,as this and especially as, if the Lady
Ibund lietself injured in'this breach of promise, she
bad the ether Pout ts -open to redress her.

On the Sth inst. at Suffield, Houses in 110
of the Hon, Major Petre, of a Suit'. - the Lady

MAP 12 tit 1).
Yesterday, at St. Ilbry-le-bone Church, the Rev. Charles
Ekon, Canon of Sall.bury, to Nlibb Moy Ford, ctaushter
joint. i<ord,• Esti. bt Qlseett Atm; btreet West. -

• D1E1). •
On the tat illst.„MisS Ile.uh, only daughter of Mr. I.
Reath, of Swindon.

PRICE 'Of
VESTIE

"'STOCKS,
itti A Y. ,
India Stock, 187 i
India. Bimils,
'Smith St*.it Stack,
F. xchtqul:r Hills, Is. 31. pr.
Oroullttn, 'i', •
l I inticrial 3 pct Cent.
IDitto Alit). 8 13- 16:Irs i-
:Coin; for zotlt Nov. 59 ll`

Mr. ROMILLY replied, that if iheobjeaions to
this demand should be deemed valid, they mint
equally apply to all the other debts contraae4. by
this inconsiderate Nobleman, under siiuilar circum.
stances, and consequently to those very Creditors in
whose behalf Mr. HAaT had ppposed it.. I'llo%ll

BAIA( Stock, i9il
Navy ; pet Cynt,9tp:a*
5 per Cent. 1797, yb 99
lush per cent,
'4 Pet tvnt• 73 •
; per Ct. lied, Oil ,
TT
3 per Cent. Cons. 5,9
11,Ink L, Ann. t 6 IlA6tbsi
Ditto Short Ann.

•
CIIARD HA RRIS, of No, 4, olartleit.court, .13ow.btrect ; and•t),o)lislied WILLtArd &Rt GrJ Sexs.rna, 01 South Malta
ICE, No. 112, Strauci ; where ictuertisernents 07(1e,-4 for the Paper, Letters fox the F.elitor, &c. (bott-puid), I'l