The Sun.
London, England, 1850-01-15 00:00:00

AW INTELLIGENCE.

'CHANCERY.—(THIS DAY.)
The Lord Chancellor sat in the Old Hall, Lincoln's
44,13, and heard cause petitions to-day. The further
„tiurneats in the part-heard case of Plowden v. Hyde,
"Pied his Lordship the whole morning.
110'

—LLS' COURT —(THIS DAY.)
yaT_,lleo Master of the Rolls sat in his Court in the Rolls'.
rut t..lay.

ThA , WILSON V. EDEN.
rtullrtner arguments this part-heard case were
Rhymed this morning, and occupied the Court the
b day- This case, in one shape or other, has
eerl
taw ore the Court nearly six years, and it came on
aoh upon a petition presented by Sir William
(..trihteE.derts Esq., of the county of Durham, Maria
with 1,8 of Athlone, and others, bringlv joint defendants
tiqr.euir° in a bill filed by Eleanor ilson sister and
tl th at law of the late Sir Robert Johnson Eden, Barr.,
reaci:keutinties of York and Durham, who, in 1843,
Of hi nis will, devising to Sir William Eden the bulk
*as aelProperty, situated in both counties. The bill
aiee"T4 by Mrs. Wilson, in order to take the opi-
/ise the Master of the Rolls whether, under a de-
kid-
kid It\ 411 the testatsrs estates in the counties f York
soul ltrhaais and all other his real estates in toe said
Itersti, to William Eden, his leasehold estatse, which
SG" aonsidera.hle, passed also? The case eas argued
the at length before the Ma tar of the Rolls, and on
the 36th of May,lB4B, his Lordship decided in favour of
bkrPiliiiiettff's to the personal estate of the la e
tea as heir-at-'aw. His Lordship observed tsaa
fair Lat of lays v, a,. adverse a point, tnat if toe des.
'as-,lt, who wa, a:. I ty, desired he would.
sok- a ease for the decision of thy judges of a court of
ehititllt of law, to pronounce their opinion upo.n t‘h%?l,..aa
salst, 'avv. This course t clef •tidai,t,
4e41"44 adopted; and it was refori eI to toe NI a-ter, Sir
the e, , upon further direct ons as to the drawins up
lOtrae• Be ore the Master that defendant wished to
lisst,-aat, the estate and the laud steward's books for
orciVh unconnected wit's t• e inquiry orde e,l, which
he bdaster of the Rolls su•taint d. Finally, a case
(14 ta-rn up, aid submitted t toe judges of. toe Court
tae ,--eatter, but it was fund that a maserial word in
11'4 -,llaklial been omit e', aid these Judges asain re-
'ne case to too Ma te , to be by him once more
141(1 ea,' Inure particularly as to what by the consent
use, -preetnent of the parties was to be tatseo to e evi-
lly ittia resceeeto tha devise .:f tea and personal este esr
S.‘, `le .slat The properly ciaiu.e ILI the plainti
'r bt'litleirally leasehold, from tie Dean and Chartsr
4t4tsut"h24l, attached or lyihg mar to the t,eeator's
0
hl
Windlestone, near Auckla
beasra. Walpole, Mr. Matins, and Mr. Dumergies, were
std" Yesterday on behalf of Sir Wm Eden,
14er:it-aided that he was entitled to use tae maps, es-
Asst.(;)is, and papers, ordered to be produced by the
pass Ls 41 Whose custody they were found, for the pur-
' tet4raf establishing his claim to the least hold. The. tes-
gs4 treated the whole of those lands comprised in the
lahrircial description, whether freehold or leasehold, as his
I,reeh,,l,Q,htooe estate. This comprised 1,182 acres. of
NC' land, and 760 i:cred of leasehold, both of which
di heed let to several tenants, their farms consisting in-
tietratlY of freehold and leasehold lauds, parts of t`e.
tatee of Windlestone. Tne struggle here was to obtain
the irksie evidence in aid of the right understanding of
ofiords used by the testator, Sir Robert Johnson Ele,,
meeirid.,,-r to show what particular lands passed under the
dill of, lands at or near the Windlestone estate by the
41°'. the testator.
keere.,,,ITURNEII. (with whom was Mr. Humphrey) com-
-`4 an address in opposition to the petition yesterday..
taught oeluded it to-day, contending that the petitioner
keiWhat the Court ought not to grant. The judg-
ttete of the Court had already decided the case upon the
petCt.°x facts then submitted to it, and the object of the
cause net was now to import into the re-hearing of this
fro a the documents B, D, or K, for a purpose different
beta: that for which they were allowed to be produced
epos Lord Langdale, and the Master, Sir George Rose,
tleuirthe hearing on further directions. Tnere was tis)
that there was evidence in the book D that the.
R4itestZpr treated these lands as different estates, distfn-
dlet„,l,ng the lands near Windlestone from those at Mid-
lity and Mesrington, both as to locality and the qua-
tiois°, the land. The Blundell case, decided in the
m4a of L vras ords, had settled the point that where there
4true. ° ,ItliThigUity in the words the devise must be con-
hadcii'n the ordinary sense. The Master, therefore,
thu eoided rightly in refusing to admit the evidence
it tender d
44% e
The 11211'1:TREY followed on the same side.
411 arse appears likely to occupy a day or two
teraC,ltaa's as the, e are no less tams nine or ten
--`en Yet to be heard who represent other parties.
Iss
ra
(`-',.t-CIiANCER.Y.—(THIS DAY.)
Ts—afore the VICE-CHANCELLOR cf ENGLAND.)
14 Court proceeded with the hearing of the remain-
Itotie,,ml4o pet,tione, but no case calling for particular
("hcarie before his Honour during the morning.
Sc the Vice-Chancellor KNIGHT Bence.)
wee 'e oh fno interest, except to the parties concerned,
Titied the Court the whole day.
Ties, vi
-Chancellor Wigram did not sit in conse-
kea titi), We understood, of the severity of the weather
e delicate state of his health.
ET,IA' BEN C H.—(T HIS. DAY.)
AND CHAPTER OF ROCHESTER V. WHISTON.
110104 Uefendant in this case is the mute,. of a grammar
hath_ at Hoehe,ter, of which the Dean and Chapter uf
ii?etiester are the trustees and governors. They had
him 4. Whiston notice that they intended to remove
the Office he held, to which he demurred, con
th
teepoi,_v ats being once appointed, they had uu right to
Ulan except they shoe ed him to be an unfit per-