The Sun.
London, England, 1804-04-03 00:00:00

LAN" REPs)I.T.

• couaT 0,2 CHANCEV,', MAaca 2g.

Et PARTE GARLANL, IN EI, "J.

3ANrili UP'T.

BALLMAN, A

This_case was of great public lir:pittance, and
particularly interesting- to the mercantile wcrid.
The fads wer'e shortly as follows
The Petition prayed, that the proofs of ilaree
debts made by the Tinstees under the.W SI! hf Ball.: '
Mari, might he expunged. The Testator, by his
Will, devised the whole of Isis property, real and
personal, to his Wife for her life, or until she should
marry again, for the i:upport of 115!-se:1, sod the
liaihtenatice and education of his children...hi:l.nd uhon
hler decease, the whole to be .divided 'arriorig his
children. And he directed, that ;is trade of a Mil.
ler should be carried on after his death by Ids Wife,
in case she survived hiin, for the. berselihtif 'herself
and children, until the eldest son slicolsi attain a
proper age for undertaking the m magethent of the
business. And fur enabling his said Wile so to do,
he diretled his Trustees to permit her to retain the
stock in trade, upon her gieing notes of hand, bear.
' ing interest at 4 per cent. for the amount of a fair
valuation of the stock. The Trustees were also
direded, to advance out of the personal estate of the
Testator, the sum of 6001. as a capital, the better
to enable his Wife to carry on the business, for
which she was also to give the Trus.tees a note of
hand, as was the eldest son, upon his assuming the
management of the concern.
These direclions in the Will were complied with;
and Mrs. Ballman carried on the trade until she be- ,
came bankrupt ; when the Trustees under .Me. Ball_
i man's Will applied to prove under the commission,
the amount of the notes for the stock, and the 6031.
advanced, as debts due to the Testator's estate.
They also claimed to be entitled to prove. the shin
of Tool. part of the Testator's general assets, WhiCh
had been retained by Mrs. Ballman, and, employed
in the trade ; and filed a Bill in Chancery against.
the Assignees, praying that the Bankrupt might bar.
declared a Trustee as to the lease of The film Livia"
which the Mill was erected. The Cominissibrie:ii
permitted the Executor and Trustee to prove to 'the
extent of their claim, being of opinion, that ilse
notes of hand constituted a debt i. -npon which die
Assignees presented the present Petition, peiyi4,
that the proofs so made might he expunged.': p.. 444,
the two questions for tleterminatihh were,,, Inir
Where a Testator directs money to be atly:lit4hra,
trade, such advance constitutes a debt, by ihiAev:::
son carrying on the trade ender 1.:/:: dir.:...tiv.14.V.,
that Will I And, zdiy, Whether Hot only tir .les -, ti'a,i."
• ~
titular sum diretted to be advanced, but thq.wtkohpi
personal property, is.not liable to. ad, the sllits to
-q
which the concern is sulijal t.lO
t .
, . - hie, "treeeil
Mr. ALEXANDER and Mr. ,LiANIp44.IIgUCp la
) F.
suptiort of the.. Petition, that whe,re,c T:ssiiittpeAl.hi
reds by his Will his ;ride shall be came u-rh-R 4. . rt,--._. ' a
that the profits shall be approprialld fhh. iehheheilit
of his children, in such a casc,.„,l4t is
.eicrictlek,
eartyltig: that direction intohexect!tiohl ,conhot4,
cotiskitircd as a debt to the test,,,o—es e',Lai:e'- t;l.-,,lLE'''
.. -A, . e,,. .i. MN
cannot stand in cumpetition with the g,ftwila ,cre,i
' ditors of the bankrupt. This yas decided-4i. lime.
case of Ha7hfry and tae4tgood„ Jeported in Goole's
'Bankrupt Luaus, where there vas a -dircaion of
a similar. nature in it -Wilt.: In
..that cale,,rhe
Testathr diteded his Executors hri Cariji;36-his
trade for the benefit of Isis wile arid" dftfitlVAl•
and Lard Kenyon, then Master of the Riiia,'ln'
giving judgment, said, " Wherever 'a Will Chntilitidd,'
such a direCtion,, general creditors have a right' hot
only to come upon the immediate pr'operty ernb:ii.rk::
ed in the trade, hut also upon the general asset/,' for'
the Testator's estate can never stand in compefirion '
with general creditors." If this opinion be right'
it decides the whole question. To this case, the'
trade was carried on for the benefit of the general'
assets ; and money advanced for that purpose clearly'
1 cannot constitute a debt ; and, according to Lira"
Kenyon's decision, all the property is liable to'
pay the general debts.
Mr. RICIIARDs and Mr. TOLER, on the other
side. The circumstance of the Widow being di-
re6ted by this Will to give security for the ponerty
in her hands, distinguishes this case from any which
have preceded it : all the creditors knew the men_
ner in which time W;dow carried on the trade for ''
the benefit of her children. Hor charaaer is two.'
kid. Shc is clearly indebted to the estate for the I.
sum advanced, and for what she retained as execu.'•
i trix. Atv executor has been often dirzeted to prove .
upon his own estate, where he is indebted to hid'
testator; and it cannot be denied, that here the'
estate of the bankrupt. is generally indebted in the
t amount of the advance.

LORD CHNicruLoit.—" Does the case of Han_
key and Hammond go so far as to say, that where'
a testator directs a particular part,' or a certain
amount of his property to be invested in tride, all
bit assets are liable?"

Mr. RICHARD4.—if In that Case the dire6lioei-
e
in the Will were general'; not any particular sum,
brit the whole residue, was directed' to beimplciVed
in carrying on the trade ; and that distinguishes it
from the present case. It was contended in that
case, that property adventured in thelrade must be'
liable to the debt's of that trade, that 'property hav-
ing the benefit of being ir,creased by the eventual
pr,fits ; but in this case, the profits do not go 'to
increase the general assets. Here"ihre is -no prat':
ticipation of profit and loss : the profits go to the
maintenance of the wife and children."
LORD CHANCELLOR.--" This is a most import..
ant and difficult question, and mak he considered as
ifitherto'undecided. I do not think that the deci_
sion which has been attempted td be made between.
this CaZ:e and that of Hankey (v. Towgood, where all
the'personal property was directed to be embarked
in the trade, makes any 3tfference. The testator
could not • place lirtaits to his own liability in his
life time, and the real quest.iori is, whether his
estate is not liable, to the same 'extenr, as if he
vas living ? I am rather inclined to think, that the
N'Vhole assets are liable to the general creditors of
this trade ; but I should be sorry to decide a case
of such great and general importance, without sub.
j-;Zing My opinion to some' deliberate review.
,link there can he no doubt as to the mlney ad.
%raked-Under the special authority of this Will. The
assets of the Testator must he answerable to the

.. .

A NEW METflob‘oF POACHING.—A person of
the name of DEL Cams, by trade a shoemaker,
was lately condemned to the gallies, for catching
partridges on the royal demesne near Lisbon.--The
scheme he pursued was this having prepared a
quantity of papers, made in a conical, form,. like
what are used to wrap up sugai, he put a vetch in
the smaller end, and having besmeared the inside
with a glutinous matter, distributed his traps in
convenient places : the partridges inserting their
heads to seize the vetehe), fotr:d themselves very
disagreeably eclipscri by their sticky nightcaps ; and
thoogh not entirely prevented frAn flying, were so
bliritled, I-trifled up, and confounded, that they
were easily taken.

On Thursday se'nnight the wife of John Freeze,
Farther, at Cloondrina, in the North Liberties of
Limerick, was found dead in her bell: several
marks of violence were found on het head and body,
and her husband having absconded, little doubt was
entertained of his being.the inhuman murderer. The
Cofoner's Inquest sat on Friday, and took up eight
hours in examining two women, wi,o, in order to
screen the wretched perpetratch, hair agreed upun
one story, which, fortunately fur- the ands of jus-
tice, was discovered to he false, and a full confes-
sion made, that on Wednesday 1141 it Freeze had
beat his wife unmercifully, aid put an end to her
existence by repeated strokes of a brass candlestick•

• On Sunday se'nnight, at Alton, of water in the brain, aged
seyen.years,. Master lames; Rennell, third son a the Rev,
Dr. Reuriell, Master of the Terhple.
.Oir Friday last, at his house :at- Thames •Ditton, Charles
Capper, Esq. of the King's Remerribrarib,er's gilice, in tha
Temple.
On Sunday evening, aged 73, Mi-:-Idlin'Munns, of Knights.
bridge.
Last week(, at I;Vansford, Northamptonshire, Mrs. Ha
merlon, Wife of Mr. G. Hamerton,•4 the Paper:Mills:there.
On'Sunday se'nnight, the Rev: lathes Cottingham,
Vicar-General of the Diocese of
.Kilmore, Ireland, and,up-
waids of fifty years Viear of C.: isrltri: • •
Suddenly, on the 21st ult. Mrs. Margaret Gilchrist,
wife of Mr. Archibald Gilchrist, merchant; Forth-street,
Edinburgh. .
At Lanark, on the 25th ult. Williant Battriatme; Esti: sur,
geon ht the Royal Navy. • • ,
At Edinburgh, cm the• Loth ult. Mrs.:Katharine Harpilton,
daughter of the deceased William Hamiltan,Esq: of Lethern,
aged So. •
• Miss Charlotte:Stuart, daughter of the late Robert Stuart,
,Esq. of New Mains, at Edinburgh, on the 24th tilt.
At Ayr, on Friday se'rinight, Mrs. Jane Smith, widow cif
Mr. William Newal, late Surveyor of the Customs,-Ayr.
At Mount Hamilton, in the neighbourhood of Ayr, on Fri-
day sennight, Mi., ()ova Id Weir. .
On the 19th ult. at gdinbitrgh, Miss lane 'M'Leod, third
daughter otDonald7M.4l,-eod, Esq. of Gierines.
On .the 2.r.st ult. .at Edinburgh, lobo Fraser, o
Dominica, son of the late William Fraser, Esq. olCulboge. r

LONDON: Printed by IaICHANAN NI`MILLAN, (of Bow_Stretl, Covent-darkienj ; and POoli'llbY ARMIC‘R Scrturs, (at South Molton,sr-reet, GlQ.ivvii,ir-square);
At the &IN-OFF ic it, No. II 2, Strand ; where Advertisements, Orders fOr the Pal'et, Letters los the Edltor,..Sz.c. (poi-paid), must be a:icirc%scci.

• 'Fo THOMA T,‘YI..OR, Esc
t• 77.•
Dear Sir, No. 9S ,
New Bidge-Street, Lo'O
4
FE F 1 it a Duty -incumbent upo-a • mr.,
you of"the: very great and extraordinary Core i h,a-„.s-r
from your invaluable Medicine, L LAKE'S PA'' • .
PI h LS.
tit
A.:aout two years ago, I was attacked with a V....N1.',,,,)tint!
Sohl l.t DER, vvhich treated rather fore - Iµ`
,t.l
but the Disease at length spreading allover iny Iy4,'
obliged to apply to the most eminent of the Eactl'Yweitir
their assistance affbfkled only temporary relief
rill[
thronahaatriotts Coursas•of S2.livation, and from
orment pabitr was reduced to a mere skch2tan• cos'
Ulcers
-that spread all over my Limbs rendered ifP" eft.
bjen, so that iny• Friends despaired of M *Jr ICC
°'ll44H.'
\ 'Me* drought to. this situation, I. considered death as trot
I table, JAIL a. relation of mine commenting upon thea'ai
csa. in which-your Pills had succeeded, Iwas aro
try a'ileX of 'thrill, which I thought rather ielieVed
•
: by peritvering tbrAw:o4an three anuntlisa Land followina;ataai
direatials,al experienced the most unaccountable r•21i,,00,14:
froan paint the sores gradually subsiding ; I am now, doattra
God, per,r,:aty'rtcoverea, and walking out daily: I *ill,
not,3/4 but ohe,more box, which I thin'a cautioua to trite,
establish my health in its original sate. , aatacritigt
It is with the most hcart-telt gr rat title, that t
itiyaelfa S.r, your much obliged bumble 6.ervant,„ sot.
Dcansgate, Mtancheater, July fa tfia 1. W • lito,"-aa
loaf-ft;
S. For the-pubc benefit, 1.,i0 not obj
yea
tie*Mg publiShed,- hut leave you to act as otir awn
litelgarient shall tte.
Prepared and. Sold by the sole .Proprietor,_ ,000
Taos. Ti? Loa, iviember of the Koval Collegc `)t. buot
London, at-hisliou4, Net: n, ?Jew Bridc.e-s=l
Where, after a constant residence of more Man. trio eat
Years, in a praaice paraic4aaly diretted to tile '`,;,os
Venereal Comlaints, and those incidental to the by
Generation in 1 Sekes, -With- that inviolable t•-which e,
aMen of his P-rofes•On should always abscriitaur.
-flarters'hirnself, the'advice and as4stanee he 'gra"- .rie
ly -administers, to. Persons taking this
• esteemed by, a discerning Public, ;Ls an advantuht-
to be ,ibtaineu, vuiu of' ambiguity. • •arCe
Also 'sold,- by his Appointment, for tlle•ctincer•••s,.
those. liviria at a distance, at the Ferfutner's, No• '.;•5a0,,f0ra7,
hail's-street, Pall Mall; the Toy shop, No. i;
atreat ; Mr. Dishorough's, No. row,sli-strect-11,,4„_ai1,6
S•a-el's, Bookseller, No. Union- lattlat
ilurl.)lll,3nax; t(Nri'it.;-..
joiniitrilgi-eb,sri,tige, Edinburgh ; L* •
1-o eycht
'Ghreesa..t‘'' 1'1;6 taal 1%1
per d
scald alp with full and plain ,tiiraeboo,. wi:cll,l„,:aca,
either sex may cure themselves with ease., s'pee;", with.
safety. ahnyi oinreeLl:nedr,sLoininvei):7,e(x',c;cC!sr;yo;vCtQlrlol.:S:l'il\yet
lad
N. 11. Every Box in Great Britain is sca is F'.' 'e
G
a stanip, on which, h, LIN,: rof the orannissoueLs„:v 131.010,,
ea, at the " T. Tayibr, No• 9, r: are'e
stre.ra" to imitate which is Felony, and all otrie
terfAti.