The Sun.
London, England, 1858-11-18 00:00:00

THE SUN, LONDON, THURSDAY EVENING, NO CEMBER 18, 1858.

FOREIGN.

Closing* I Business
tare Railways. Paid.
Price.' Dons.

LAW INVELLIGENCE.-(THIS DAY.)

COURT OF CHANCERY.
(Beore the Lord Chancellor.)
NENSERG Ii V. CAMPBELL-JUDGMENT.

This was an appeal from a decision of the Master of the
Rolls finding the annuities perpetual. The bequest upon
which the question arises is contained in the will of the
late Mr. Wright, and is in the following terms :—" I give
to my wife, Ann Wright, £3OO annuity as a rent charge on
my estate, to be paid to her for life in quarterly payments
for her separate use ; and 1 bequeath a similar rent charge
of £3OO per annum to my children for life for their educa-
tion and maintenance, and on their death I direct a sale of
the same ; and I hereby give £2O yearly annuity to my
friend James Harvie, my executor, his heirs and assigns."
The Lord Chancellor, on the authority of the case of
Stokes, 4 Exchequer Reports, and other reported cases,
was of opinion that the annuities bequeathed were good
perpetual annuities. His lordship affirmed the decree of
the Master of the Rolls, and dismissed the appeal with
,costs.

(Before Vice-Chancellor Sir William Page Wood.)
JUDGMENT--NRALB V. DAY.

The contention in this case arose out of transactions
w hich took place between the defendant, Mr. Edward Day,
and Mr. William Wright, the purchaser, in 1852, of an
ani tuity to his wife. Mr. Wright conveyed to his trustee
£3,952 in trust for certain uses, and in particular to pay an
uity of £lOO to his wife. Several of his creditors had
olitstined registered judgments against him, and the ques-
tion raised was whether the annuitant or the judgment
creditors were preferable on his estate.

Hill Honour, the Vice-Chancellor, on the authority of
the ca.se of French v. French, was clearly of opinion that
the registered judgment creditors were preferable to the
annuita ut. Ho considered that Mr. Wright was not entitled
to give such an annuity to his wife when his debts remained
unpaid. He declared in favour of the judgment creditors,
appointed a receiver, and ordered the funds to be brought
into court, with liberty to Mr. Wright, if he shall be so
advised, to redeem the annuity, and dismissed the bill with
costs as between party and party.

COURT OF BANKRUPTCY.
(Bofore Mr. Commissioner Goxdburn.)
A QUESTIONABLE LEGACY.-IN RE YOUNGMAN.

An application of a very singular nature was made in
this case to on: ible a Miss Sarah Youngnma to receive a divi-
dend under the estate. The tanks of the case were—A
sister of the claimant had died, leaving behind her a docu-
ment purporting to be a will, find which was admitted to
probate, but on examination it was discovered that although
the purport of it was to bequeath the whole of her estate
and effects to one person, yet, by a very singular omission,
the name of the legatee did not appear, although the testa-
tor, on many occasions, and even on her deathbed, said she
intended to leave everything to her sister Sarah, as all her
other brothers and sisters were well off. The document not
being legally a will, the property would legally become
divisible between all the brothers and sisters, eight in
number ; but they had given up all their claims, and the
question was whether the dividend could be paid to the
claimant individually. The assignees were willing to do this
if the Court would sanction it.

His Honour said the family arrangement was highly
creditable, and if all parties consented there could be no
difficulty, as each party could hand over their shares.
Mr. Burbey said the assignees would pay the amount to
save the expense of a dividend meeting if they could be
indemnified, and they would act on his Honour's opinion.
His Honour said that, according to morality and justice,
the claimant was entitled, but legally a dividend must be
made,
the signaasndalleeps tariesprove. He Niould make no order,
mightexercise their discretion. The gene-
ralof creditors would not be affected, as the debt was
bpur ot \b-eoadby l e by some one.

SHERIFFS' COURT.
(Before Mr. Prendergast, Q.C.)

THE CALTSB OF THE LATE SIRE. PEEL'S DEATH.---.ADAMSON

V. WHIPPLE.

Plaintiff
is a
situatedm and proprietor of a dis-
pensaryel iiciiEcalzeptrear.cetihtn
aiongeer:
and
defendant is a fur
dealer, of Bridgewater-gardens.
The action was brought to recover the sum of £3 for
medical attendance and medicine supplied.
Defendant objected to plaintiff's recovering ought but the
drugs actually supplied; as he was not a member of the
College of Surgeons.
Plaintiff, with a broad and almost unintelligible Scotch
accent, said that he had practised before the Apothecaries'
Act came into operation. Ho commenced practice 40 years
ago.
His Honour—Then the act does not apply to plaintiff.
Plaintiff—Well, sir, one day defendant was knockedliown
in the Strand by a carriage, and I carried him into my dis-
pensary and bled him.
His Honour—Bled him ?

Plaintiff—Of course, fin. reaction. Why, I can also tell
you, my good friend, that if Sir Robert Peel had been bled
he would have been alive now.

Hie Honour—Well, then, then, you the cat of Sir R.
Peel's death was his not being bled .41K

Plaintiff—l do. Well, sir, I bound his arm up, and gave
him two pills and some ointment, and I visited him at his
own house, and then the shabby fellow called in another
professor.
His Honour—Well, I think you charge him enough for
bleeding, £1 ls. is a stiff price.
Plaintiff—Ah, I am looked up to very much. You should
see my book, " The Cause of Cholera." I'll send it to you.
His Honour (hastily)—Oh 1 no don't. (Laughter.)
What was the cause ?

Plaintiff (as though parting with a secret)—lmpure air.
(Laughter.)
His Honour—Ah I Well, I've heard that the air in Rus-
sia is most pure and bracing, and cholera kills people there
by thousands.

Plaintiff (nonplused)—Ab.! That may be so, but you
should read my book.

Defendant thought this was a rogular extortion. He
was carried into plaintiff's
,dispensary by the plaintiff
himself. He bled me, whether I liked it or not. He tied
my arm up with a piece of his wife's old dress, gave me
two pills and a box of ointment, and forsibly entered my
room, from which he was ordered by my son, and charges
me now V.

His Honour thought the plaintiff had stuck it on pretty
well; but defendant must recollect that he was delivered
from two things—the carriage and the doctor. Under all
the circumstances plaintiff could only recover £1 le.

THIRD EDITION.

SUN OFFICE, Seven o'Clock.

NAVAL INTELLIGENCE.

The following appointments wore made this day at the
Admiralty : •

Mr. Heath has been appointed Staff Surgeon and Me-
dical Storekeeper at Jamaica Hospital.
Mr. Richard D. Mason to be Staff Surgeon to the Mel-
vin() hospital ship.