The Sun.
London, England, 1861-01-22 00:00:00

LAW INTE.

COURT OF CHANCERY.
(Before Vice-Chancellor Sir William Page Wood,
PETITION FOR JIIDGMENT.-IN RE ADAMS.

The testator, by his will, devised his lands of Farmhall
and several other pieces of land in the parish of Ware to
trustees for the uses of his trust. The trustees sold the
lands, and there was a surplus over after paying his debts,
and the question raised was to whom did the residue
belong.

His-Honour the Vice-Chancellor referred to the decision
by Lord Eldon in the case of White v. Bennett, 2 and 4
Russell, as an authority in point, and came to the conclu-
sion that the surplus price belonged to the person to whom
the lands of Farmhall were originally devised, after the
uses of the trust were satisfied, and that the lands in the
parish of Ware were only subsidiary or auxiliary lands to
supply the wants of the trust in the event of the lands of
Farmhall being insufficient, and declared accordingly, with
costs of all parties properly incurred out of the estate.

COURT OF DIVORCE
(Before the Judge Ordinary.)
RY vas V. ATTORNEY-GENERAL.

This case was adjourned on Monday last for the
production of the original register of baptism, at St.
Nicholas Church, Liverpool. The lady, who conducts her
case in person, claims to be a niece of George 111., and prays
the court to pronounce her the legitimate daughter of John
Thomas Serres and Olive, his wife.
The Judge Ordinary, addressing the lady, said he was
sorry to inform her that the gentleman refuses to permit
the book required to leave his custody for a single hour.
He had no objection to attend the court if subpoenaed.
Mrs. Ryves—l am quite prepared to pay the expenses of
the gentleman's attendance.
The judge Ordinary—Very well. You can have a
subpoena, which can be transmitted to Liverpool this even-
ing by post, and the gentleman can be in attendance on
Thursday.
Mrs. Ryves—l feel mush obliged for your kindness. I
will despatch the messenger immediately.
GURNEY T. GURNEY AND TAYLOR.
This was a petition presented by John Henry Gurney
for dissolution of his marriage with Mary Geary Gurney,
on the ground of adultery with the co-respondent Taylor.
An answer had been put in by the respondent and co-
respondent denying the adultery.
The Solicitor-General, Dr. Waddelove, and Mr. Crouch
appeared for the petitioner, and Mr. Manesby and Dr.
Spinks appeared for Mrs. Gurney. The co-respondent
was not represented by counsel.
The Solicitor• General, in opening the ease, said the
petitioner in this suit was John Henry Gurney, a gentle-
man of wealth and influence, and one of a large banking
firm earrying on business at Norwich and other places. He
was also one of the representatives of the borough of King's
Lynn in Parliament. The parties were married at All
Souls' in June, 1846. Mr. Gurney was then of the age of
26, and the lady was at the time about 16 or 17. At the
death of the lady's mother she became possessed of a large
private fortune. The country house of Mr. Gurney was
at Tatton Hall, near Norwich, and the town residence was
at Kensington Palace Gardens. The co-respondent was a
person named William Taylor, who was in the employ of
Mr. Gurney as footman, and so continued for about the
space of three years, when he was dismissed from his ser-
vice, and the elopment took place a very short time after—
via., Tuesday, Dec. 13, 1859. The lady, previous to her
separation from her husband, however, wrote and left the
following letter :
"My poor Husband,—l have left you and the poor chil-
dren, but you know my heart has long been another's,
and I cannot be happy with you any longer. Pray send
my luggage and small articles to 216, Marylebone-road.
My God forgive me and preserve you and the poor child-
ren.—Your poor, miserable wife,
" MARY GEARY GURNEY."
The learned counsel then went through the circumstances
of the residence of Mrs. Gurney with the co-respondent.
The lady after quitting her husband's roof went to reside
at a house in the Marylebone. road, the apartments having
previously been engaged by Taylor. A Mr. Simpson, from
Mr. Field's private information office in Devereux-court,
in company with sotne of the servants, afterwards
went there for the purpose of identifying Mrs. Gurney,
in which they succeeded, when the respondent and co-
respondent left London for Folkestone en route to Paris.
He should call evidence to prove that at both places they
lived together as man and wife, and the evidence would be
such as he felt certain would enable the court to grant the
prayer of the petitioner.
The following witnesses were then examined :
Frederick Henry Bartlett—l produce a copy of the cero

ficate of marriage of Mr. and Mrs. Gurney at All Souls
Church in 1846. I have examined it with the original
and found it correct.
Henry Edmond Gurney—l am a partner in the firm of
Overend, Gurney, and Co. lam petitioner's first cousin.
He is a banker at Norwich. I was present at his marriage.
I knew the parties before the ceremony. I was in the habit
of visiting them. My wife also visited them occasionally.
They appeared after marriage to live on very good terms.
There are two children now living. Their ages are 13 or 14
and five.

Thomas Whiteley—l am in the service of the petitioner
as under butler. • I entered his employ on the 30th of May,
1859. I found William Tayor living there as footman. I
remember that in November of that year I was at Tatton
Hall, near Norwich. William Taylor left Mr. Gurney's
employ on the 21st of that month. Mr. and Mrs. Gurney
removed after that to their town residence in Kensington-
palace-gardens, on the 12th of Deoember—a Monday. On
the morning following, the 13th, Mrs. Gurney was not to
be found in the house. I took the letter produced out of
the letter-box. I knew the handwriting. It was Mrs.
Gurney's. I gave it to Mr. Gurney. [The letter was the
one read by the Solicitor-General, and given above.] I
took the things to the Marylebone-road. I saw Mrs.
Gurney at the window of the house 216. I went with a
gentleman named Simpson to a hotel in Paris. I there
saw Mrs. Gurney and William Taylor. I saw them both
in a sitting room numbered 411.
Thomas Mayhew—l am groom in the service of the peti-
tioner. I have been in Mr. Gurney's service about six
years. William Taylor lived there as footman. I accom-
panied the family in a tour round the Isle of Wight in
1859. William Taylor was with us. We returned to
Tatton Hall in the November of the same year. Taylor
then left. I came up to town with the servants on the 14th
of December, and Mrs. Gurney was not at the house in
Kensington Palace-gardens. I accompanied the last wit-
ness to 216, Marylebone-road. Mrs. Gurney was asked for,
and I saw her. Mr. Simpson was with me. After Mr.
Simpson had turned his back I asked for William Taylor.
I saw him. Mr. Simpson also saw Taylor.
Mrs. Johnsworthy—l reside at 216, Marylebone-road.
I let lodgings. I knew William Taylor; he is a connec-
tion of mine, but not a relative. He came to my house in
December, 1859, to engage apartments. He said he wanted
them for a lady and himself. He engaged them. A lady
afterwards came ; it was on Tuesday, the 13th of Decem-
ber. William Taylor said he wanted apartments for a few
nights for a lady who was going abroad. In the evening
the lady said if some luggage came for Mrs. Gurney I was
to take it in. The luggage came. They occupied the
dining-room floor, and William Taylor had a bed on the
top floor. They occupied the same sitting room. They
took their meals together. No person visited them. I
recollect a Mr. Simpsofi owning to lay house. They
remained at my house about a week. They left together.
I don't know where they went.
John Simpson—l am principal assistant to Mr. Field, of
Devereux-court, Strand. I recollect going to 216 Maryle-
bone-road. Messrs. Sharp and Mayhew went with me.
I saw a lady there, and also a man. Mayhew was present
when I saw both persons. On the 20th December following
I went to Folkestone. On the 22d I saw the same persons
there in the neighbourhood of the pier. I ascertained they
were staying at the Pavilion Hotel. I went there and saw
two chambermaids. I pointed the parties out to them. I
afterwards went to Paris. I saw the same lady and gentle-
man at the Hotel Louvre.

Ann Fowler—ln December, 1859, I was living at the
Pavilion Hotel, Folkestone. I recollect a lady and gentle-
man coming there. Simpson pointed them out to me on
the 20th of December. Those two persons had been living
there until Friday the 23d. They occupied the same apart-
meats and the same bed, and lived together as man and
wife.

No questions were put to the witnesses by the counsel
for Mrs. Gurney.
The Attorney-General—That is the case, my lord.
The Judge Ordinary—l think you have established your
case. You can have a rule nisi.

The Solicitor-General—l would ask your lordship to
suspend the rule until the question of the settlements are
disposed of.
The Judge—As you please.
The Solicitor-General—Then I formally ask the suspen-
sion of the rule until I know what the practice of the court

The Judge Ordinary—There is no practice on the point.
The question was:before me the other day, and no doubt
you know what I said. It is most embarrassing
that I should be called upon to decide a ques-
tion of settlements without any statement as to the
facts. It is like navigating, as I said before, without either
chart or compass, and I must say your client has not done
much to assist me. He has presented a petition and a long
statement without giving me an abstract. It would take
hoitrs from me to go through the statement. It should
have been properly done, and then I should know what
the property of the wife really is. I must also know some-
thing about the property of the father before I decide the
question. Under what section of the act do you proceed ?
The Solicitor-General—Under the 45th section of the
first act.

The Judge-Ordinary—By that I may order such settle-
ments to be made out of the property for the innocent party
and the children. That, of course, would depend upon the
property the innocent party already possessed. It is a
very difficult point. It is not before the court at present.
I am not, therefore, prepared to decide anything without I
have the elements before me.

The Solicitor-General—The information shall be sup-
plied to the court.

The rule was accordingly suspoxiclecl fora short time,