The Sun.
London, England, 1859-02-09 00:00:00

WEDNESDAY EVENING, FEBRUARY 9, 1859,

THIRD EDITION.

READING RACES
(THIS DAY).
[BY ELECTRIC TELEGRAPH.]
THE BULMERSHE PLATE OF £5O.
Two miles and a half.

His Honour—l think it is exactly the same point.
Tho trustees' costs to be paid on that declaration.
Ordered accordingly.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Goulburn.)
IN RE SLENNING.

Kibworth Lass

Tamworth
Theodine • 3
Thirteen ran.
THE EARLEIGH STAKES.
Three miles.

Alfred the Great
.. 1
Athlete
Eight ran.

LAW INTELLIGENCE-(THIS DAY.)

ROLLS COURT.
(Before the Master of the Rolls, Sir John Romilly.)
IN RE THATCHER'S WILL.-JUDGMENT.

His Honour the Master of the Rolls said—The question
on this petition is whether the limitations contained in the
will of the late Thomas Thatcher, in favour of his children,
grandchildren, great-grandchildren, and his wife Anne
Thatcher, were good limitations in the events which hap-
pened. The will bears date the Ist of April, 1835. In
it the testator conveyed the residue of his property to trus-
tees in trust to sell the same and pay an annuity of £2OO to
Anne Thatcher, his wife, and to divide the residue into five
shares. As to the first four out of the five shares it is not
here necessary to refer. The remaining fifth share he has
divided into three portions. One-third thereof he gives to
"William Hogg, with the limitation that in the event of
his dying in the lifetime of the testator, then the one-third
is to go over to the granddaughter of Anne Thatcher, Anne
Tackwell, for her separate use, without the power of antici-
pation. And the children of the said Anne Tackwell are
to have equally share and share alike when they would re-
spectively attain the age of twenty-five, if a male,—
and if a female, twenty-five or marriage. The question
raised was whether the grandchildren of William Hogg
took a vested interest in the limitation of the bequest of
one-third of the one-fifth share of the residue of the testa-
tor's property.

His Honour, on the authority of the decided cases before
Sir James Parker, in the case of Taylor, and 2d Be Gex
Macnaughton and Gordon, p. 808, 5 Barnwell and Alder-
son, Moneypenny v. Gearing, page 102, Green and
Muscat, Lord Eldon's opinion, considered that it
was impossible to say that the limitations to William Hogg
and limitations over could take effect, unless the events
happened which were contemplated. If he had not used
the words which he has done to the male children on at-
taining twenty-five, and the females on attaining twenty-
five or marriage, they might have been successful ; but it
never was intended to take effect unless the children put
themselves in such a condition as to entitle them to take
such an interest—attaining the age of twenty-five or mar-
riage—which they have not done, and therefore the whole
limitations are void, and an order must be made in accord-
ance with the prayer of the petition.

Mr. Follett, Q.C.—Your Honour will make a declaration
to the effect to adjourn the cause to chambers, to ascertain
what part of the shares are to be divided according to their
rights.

His Honour—Take a reference there to exhaust the
cause. The counsel for the parties to assist at that decla-
ration.

Mr. Follett, Q.C.— It is stated that the question is raised
on William Hogg's share—it arises on Mrs. Tackwell's
share.

VICE-CHANCELLORS' COURT.
WITCHERLBY V. BARNARD.
• (Before Sir -William Page Wood.)
This cause came on for consideration this afternoon, but
the further hearing was postponed till Friday morning.

This bankrupt \VIM described as of Portsea, boot and shoe
maker, and came up for hie certificate.

The balance-sheet, by Messrs. Paul and Turner, shows
debtor to creditors, £2,444 10s. ; profits, £5lB, Creditor—
By cash, £lO 17s. ; good debts, £778 ; doubtful, £l4B ; pro-
perty, £34t The bankruptcy was attributed in great part
to the absence of a number of naval officers who were in-
debted to him, but who had been on active service.
His Honour granted an immediate certificate of the
second class.