The Sun.
London, England, 1860-03-22 00:00:00

LAW INTRLLIGENCE.—(This Day.)

HOUSE OF LORDS.—APPEAL.
(Peers present—The Lord Chancellor, Lord Cranworth,
Lord Wensleydale, Lord Kingston, and other peers.)
TOOLEY'S CHARITIES.-JEFPRIES ET AL Y. ALEXANDER?

EX PARTE AS TO CERTAIN RESPONDENTS.
Mr. Rolt, Q.C., resumed and concluded his argument for
the appellant, and contended that the deed. executed. by the
testator were mortis eausa deeds for charitable purpOses
without valuable consideration, and null and void under
the statute of mortmain, and formed no charge against ids
real estate.

Mr. Elmslie, Q.C., followed on the same side for the neit
of kin, and submitted that under the statute there was atotel
nullification of the two deeds executed by the testator. The
testator, Benjamin Brame, Esq., by his will and codicil
charged his real and personal estate (after payment of all
his debts and legacies) amounting to between £60,000 and
£70,000, with the support of charities for the benefit of the
poor of the parish of Ipswich.
The Master of the Rolls sustained thewillbutdisannulled
the codicil. The Lords Justices, with the assistance of the
law judges, sustained both will and codicil. Against this
decision the appellants appealed.

ROLLS COURT.
(Before the Master of the Rolls, Sir John Romilly.)
ALSOP V. BELL-JUDGMENT,

His Honour said—l am of opinion that the responder
has been led into a misapprehension of my decree on the
original hearing. lam of opinion that whether the will of
1816 or the will of 1818 is a valid will of the testator, or
whoever is entitled under the one will or the other to the
reversionary rents, Mrs. Mary Ann Alsop is entitles to the
surplus rents which have accrued duringher lifetime with the
interest due on such rents, and when the accounts are take
I decree that the plaintiff is entitled to payment accord-
ingly with costs. His Honour said if all parties consented
he would grant an issue to (try the validity of the wills of
1815 and 1818 before a jury, but declined to determine the
claims of the defendant under these wills. His Honour
declined to make any order on this motion, and to save ex-
pense suggested a compromise, and directed the cause W
come before him for further consideration on Monday as to
the sale of the property without prejudice to the claims Of
the defendants.

COURT OP BANKRUPTCY.
(Before Mr. Commissioner Evans.)
IN RR J. KIWIS.

This bankrupt was described as of the Lock Tavern, Old-
street, licensed victualler, and to-day came up to pass hill
last examination.
Mr. Buchanan, Basinghall-street, solicitor to the as'
signees, did not oppose, and the bankrupt passed his else
ruination.

SHERIFFS COURT.
THE GREAT SHIP COMPANY V. BOARDS.
This was an action to recover calls upon 40 shares held 11
defendant.
Mr. Leverson, solicitor to the company, stated that out
of 3,500 shareholders, there were only thirty defaulters, 04
most of those had paid the calls made upon them.
The Registrar proved that the shares stood in the naillo
of defendant on the register.
Mr. Yates, the secretary, proved giving orders to sent'
out allotment letters, and consigned the number to de"
fendant. He also proved the directors' minute ordering the
call.
The application for shares signed by defendant, subject to
the conditions in the prospectus, was then put in.
Mr. Yates was then asked by defendant what was 0111
amount of the capital ?
Mr. Yates—£33o,ooo in shares of £1 each. At the tiolg
of defendant's being placed on the register 260,000 shorein
had been subscribed for. 'Up to the present time 300,1
had been subscribed for.
It was then contended that the full amount not haviiifi
d
been taken up, the contract between the plaintiffs +—
defendant was void.

A case was quoted in support of this argument, and ~‘A
Mr. Leverson said he believed it had been overrita;i
But, until defendant was taken off the register he could
support the objection.
Defendant said he had never accepted the shares• uggi
applied for shares in the expectation that the capita to
been £330,000, and finding it was only £226,000, refuse"

have
Mr Le ve anythingrson - to
-You never do with the
&lid so. companylf you entertain . the
. s.
point I must ask for an adjournment to produce authorit;,
His Honour did not think the case quoted by
fendant had been overruled, and was against plaintiff
6Q¢
the point, but if the case was to be argued Mr. Lel-
was entitled to an adjournment. „osa
Mr. Leverson—l may say that there is hardly a CO-'
in London in which the capital is paid up fully °ula
Defendant said he had never signed the deed, whici"
Complete the acceptance of the shares. fh We°
r. Leverson said that defendant might accept 6 CO
either by signing the deed or by any means
by the directors from time to time. dant °tip
His Honour then put upon his notes that defer, , the
jeeted to his being sued as he had never accepted
shares. d that the
Defendant then objected, thirdly, on the groan
contract was rescinded, and quoted a case.
Adjourned. Costs reserved. resolved
by

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Day.)

Cranworth,
Ir peers.)

LEX.kNDEItt

TS.
rgUraent for
cut ed by tho
ble purposes
1 void under
against hie

for the nezt
was ft tots],
itator. The
and codicil
yment of all
£60,000 and
meth of the

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dance of the
kgainst thin