The Sun.
London, England, 1859-04-16 00:00:00

TIIELLUSSON V. THULLUSSON.

In these appeal causes the learned law judges attended
to deliver their opinions on the question of law propounded
to them on the 14th of February last.
The contention is what is the true meaning of the words
"eldest lineal male descendant" in the construction of the
will of the late Peter Thellusson. The opinion of the
majority of the consulted 'judges appeared to favour the
construction in favour of the heir male of the testator's
eldest son.

Their lordships were unanimously of opinion that the
evise was not void of uncertainty.

The minority of the learned Judges were in favour of
the second son's male descendants.

The Lord Chancellor said—l am sure your lordships will
agree with me in being of opinion that 'our best thanks are
due to the learned Judges for the great attention they have
paid to this most important case, and for the learned
opinions now delivered. I move, your lordships, that these
opinions be printed, and the further consideration of the
case be adjourned.—Agreed.

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
DE CHATELAIN V. DE PONTIGNY.

This was a suit instituted by the plaintiffs to obtain pro-
bate of the will of a Mrs. Marie de Pontigny, who died in

1847, which was disputed by the defendant, her son, on
the grounds that the testatrix was a married woman at the
time of executing the will, that she executed it without the
consent of her husband, and that she had no testamentary
authority whatever.
Dr. Phillimore, Q.C., and Mr. Thompson Chitty were
counsel for the plaintiff; and Dr. Deane, Q.C., and Mr
Dennison for the defendant.
_ .

From the opening statement of counsel it appeared that
the plaintiffs were man and wife, and that the latter was
the daughter of the testatrix. The instrument in dispute
was very explicit, and the testatrix having bequeathed the
whole of her property to the female plaintiff, states, with
reference to that dispcsition of her estate, that she loved
both her children equally, but ~,that, as her son
was already amply provided for, she was only
acting justly to her daughter, who ~was not similarly
situated. The testatrix became acquainted in this country
with M. De Pontigny, her husband, whom she married in

1803, after which they resided in France for some years.
Previous to the marriage, Mrs. Leuce, mother of the testa-
trix, gave her £l,OOO as a marriage portion, and M. De Pon-
tigny settled a small freehold estate on her. -Some diferences
arising between them they separated, and the testatrix
returned to this country, where she resided up to the period
of her death, her husband allowing her £l2O a year in ad-
dition to the freehold property settled on her prior
to the marriage. The female plaintiff preferred
living with her mother to remaining with her father,
which so displeased the latter, that he made a will some
time before his death, leaving the whole of his property to
the defendant. The learned counsel, on behalf of the
plaintiff, cited the celebrated ease of Barnes v. Vincent.
Sir C. Cresswell, at the conclusion of the arguments, said
that he would read the papers before delivering judgment.

vaLcocxe v. 7ii.cocti.s.
This was a suit instituted on behalf of Mrs. Hannah
Wilcocks for a decree of judicial separation from her hus-
band on the ground of adultery.
The Queen's Advocate and. Dr. Swaley appeared for the
plaintiff, and the suit was not defended.
From the statements of the learned counsel and the evi-
dence, it appeared that the defendant *as a cabinetmaker
and linendraper, carrying on an extensive business in
Fore-street, Exeter, and that he was a member of the cor-
poration of that city. The parties had been separated for
some years, dUring which time the plaintiff had been co-
habiting with a female whom he represented as his wife,
and by whom he had some children.
The decree was suspended, in order that the petition
mightbe amended on some technical points.

POLICE INTELLIGENCE.—(TILIS Dd. Y.)

SARDINIA.

The Opinione of Turin announces the arrival
there on the 11th of five of the Neapolitan exiles,
who, as already stated, lately passed through
France from England.
In the sitting of the 12th of the Chamber of
Deputies at Turin, a bill for a grant of 803,115 fr.
to be applied to the fortifications of Alessandria
was voted without opposition, after which the
Chamber proceeded to examine the budget of the
Ministry for Foreign Affairs. Count Solaro della
Margberita, of the extreme right, rose, and, after
disclaiming all intention of embarrassing the
Government in the present doubtful state of
affairs, begged to remind Count de Cavour that
for many ages Piedmont, small as she was,
had always maintained a high position in
the councils of greater Powers through her
political sagacity and the blood bravely
spilt in war by her soldiers. Hence
the responsibility of the minister would be
immense, should his political plans, by their
failure, diminish the lustre of that high position.
The hon. gentleman concluded with recommending
Count Cavour to take proper measures for the
maintenance of internal tranquillity. After this
speech a pause ensued, and all eyes were turned
towards Count de Cavour, who was in his usual
place, but did not offer to reply. Tho Chamber
then proceeded with the budget, and voted all the
articles.

IMPERIAL PARLIAMENT.

HOUSE OF LORDS-(THIS DAY).

The LORD CHANCELLOR took his seat on the woolsack at
twelve o'clock.

MUNICIPAL ELECTIONS BILL.
On the motion of the Earl of DONOUGHMORE, this
bill was read a third time and passed.
Their lordships then adjourned.

CAPTAIN NORTON AND GUNNERY

PROJECTILES.

Some efforts having been recently made to de-
prive Captain Norton of the credit of being the
author of the improvements which have been lately
made in gunnery projectiles, we think it due to the
gallant gentleman to publish the enclosed letter
addressed to him by the son of General Sir William
Napier, the celebrated Historian of the Peninsular
War, in his father's name :
Seinde House, Clapham, April 3, 1859.
Dear Sir,—My father has been for more than a year
now unable to walk, entirely confined to two rooms. He
is only able to be lifted from one bed to the other, and
continually:suffering. In November and December he was
seized with very dangerous illness, from which he only
recovered so far as th immediate danger was concerned.
For the last three weeks he hag again been very ill indeed,
and he is 'unable to move even a limb without assist-
ance, and quite unable to write or attend to any business.
But for this; he desires me' to tell you, he should have
written to you long ago to congratulate you, as he now does
through Me, on your merits being' at last acknowledged,
and on -your being now generally allowed to be the real
originator and inventor of the -great improvements in gan-
nery projectiles. My father says, had this been acknow-
ledged, and your inventions acted on years ago, much of
the misfortunes in the Crimean War would have been
avoided. It is with serious uneasiness he nevi considers
that there arc no men to use these improvements. Often
has my father spoken of you and your inventions to thern,
and they have answered slightingly until now that the tide
has turned in your favour ; -yet five years ago, he says, they
were as valuable as they are now.—l remain,_ dear sir, N
yours truly, C. J. AriErt.
Captain Norton.

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