The Sun.
London, England, 1861-06-27 00:00:00

lUDGMENT-WARBP.ICK V. VALLEY.

His Honour the Master of the Rolls said—There are two
or three questions raised in this case, but in substance there
is but one for me to judge of and determine. By consent
the parties have agreed to confine the costs to a certain
sum, and therefore I shall sanction that arrangement. The
other question is whether a specific legacy is given free of
legacy duty. lam of opinion that it is. His Honour de-
clared the legacy duty payable out of the residue of the
testator's esAte. The other question for his consideration
was an important question arising under a clause in the
testator's will which declared his nephews and nieces
obnoxious, and not entitled to any benefit under
his will, if any of them commenced or car-
ried on any action or suit against him or
his trustees in respect to the provisions given to them by
his will. His Honour was of opinion that this clause was
inoperative, as the suits instituted were commenced before
the decease of the testator, and only carried on after his
death, and declared that the nephew was not cut offirom,
but was entitled to, the bequests in this will. His Honour
considered the nephew or his representatives were entitled
to the legacies contained in the will, and decreed accord-
ingly, with costs.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner liolroyd.)
THE GREAT LEATHER FAILURE-IMPORTANT APPLICA •

TION-IN RE SHRAEDER.

An application was made on behalf of this bankrupt, a
member of the firm of Lawrence, Mortimore, Streitfield,
and Shraeder, whose ease created such a sensation in the
mercantile world, to be discharged from custody, he having
been confined three months in accordance with the pro.
visions of the certificate order.

Mr. C. E. Lewis made a formal application, and stated
that ho had given notice to all parties concerned, and un-
derstood there was no opposition to the discharge of the
bankrupt.
Mr. Murray (for the assignees) said he did not know
what there was to stop the bankrupt from walking out of
prison. (Laughter.) The bankrupt bad suffered in ac-
cordance with the provisions of the certificate order, and he
(Mr. Murray) could not opposa the application.

His Honour at once granted the application, and the
bankrupt was ordered to be discharged.

SHERIFFS' COURT.
(Before Mr. Sergeant Wheeler.)

IMPORTANT CASE OP A HUSBAND'S NON-LIABILITY,--
A MODEL HUSBAND ENLARGING HIS WIPE'S CRINO-

LINE.-PRICE V. THOMPSON.

This was an action to recover balance of an account for
drapery sold and delivered, defendant being a clerk in the
Bank of England.

Mr. Buchanan, for the plaintiff, called Mrs. Price, who
went seriatim through the items of a most voluminous bill,
and his Honour, in looking down the Rams, came to " eight
yards of stcol."

His Honour—Eight yards of steel What could defend-
ant require with that ? (Laughter.)
Mrs. Price—Well, Mr. Thompson thought his wife's
skirt was not full enough, and so he ordered the steel.

T-Ti. puvli “..ualaua raaae it a warlike
skirt. (Laughter.)

It appeared that the sum claimed was £l7 odd, balance
of an account for £25, defendant having paid £lO odd
into court, and pleading never indebted as to the remainder.
Defendant had given Mrs. Price an order for goods re •
quired for the house, but the sum in dispute was for wearing
apparel, and it was admitted that defendant had cautioned
Mrs. Price twelvemonths previously against giving credit
to Mrs. Thompson.

Mr. Taylor, for defendant, suggested that Mrs. Thomp-
son was not very temperate, and contended that after such
a caution plaintiff had no right to exceed the limits of the
order given.

His Honour was of opinion that plaintiff had been
limited, and found for defendant.