The Sun.
London, England, 1844-01-22 00:00:00

ROLLS' COURT, Jan. 19.

COUNTESS RERCHTOLDT V. THE MARQUIS OF HERTFORD.
In this case it appeared that Francis Charles, late Marquis
of Hertford, K. G., by his will appointed Lord Lowther, John.
Wilson Croker, Edmund Hopkinson, and others, executors of
his will, and by a codicil, dated the 10th of January, 1834, he
gave to Lord Lowther, Sir Edmund Antrobus, and Edward
,ilarjoribanks, 10,0001., over and above legacy tax, in trust to
be laid out for the sole benefit of his ward Matilda Strachan,
then Countess Berchtoldt, in the same manner, or as near as
might be, to the 16,0001. he .had secured on his estates at
Birmingham, for the benefit of Charlotte, Countess de Zichy
Ferraris. Upon the decease of the testator it was ascer-
tained, that he had, by a deed dated the 19th of October,.lB.l3,
after reciting that he was guardian, and that he was desirous
of making a provision for Charlotte Leopoldina Counters de
Zichy Ferraris and her issue, and-in case they should fail, for
Louisa Sarah Countess Saint Antimo and her issue, he gave a
rent-charge of 4001., charged on his estates at Birmingham, to
Lord Lowther and Sir Coutts Trotter upon trust for himself
until the Countess de Zichy should attain 21, arid then to pay the
proceeds to her for life f,r her separate use, and after her
decease upon trust for her children as she should appoint,
and in default of appointment for her children equally, and in
default of any ultras trust for Louisa Sarah Countess de St. An-
time and her children is the same way, and upon failure et
those limitations upon trust. for the Marquis of Hertford him-
self. The deed also contained a declaration that the rent-
charge might be redeemed on payment of a sum of 10,0001.
which was also to be laid out in the purchase of laud. It also
contained a power authorising Charlotte L. Countess de Ztchv
to give a life interest in the property to her hu'band.
Lowther. Sir Edmund Antrobus, and Edward Marirribanks
declined to act as the trustees of tho 10,1 001. bequeathed be
the codicil to the Countess Berchtoldt; and as then• was con-
siderable doubt as to the intention of the testator the prebent
bill was filed.

Mr. Bui (with whom was Mr. TRIPP ) insisted that the
intention of the testator was that the funds should be settled in
the same way as the money to be rais.-d by the redemption of
the rent-charge of 4001., and particularly that the Countrs,
was entitled to have powers inserted in the settlement to be
made to appoint the fund among her children, and also to give
a life interest to he:. husband.

Mr. GORDON appeared for the children of the Countess
Berchtoldt, and contended that the settlement ought to be ex-
tended to them.

Mr. SistesoN, for Count Berchtoldt, would be satisfied if the
fund was given to the Countess absolutely, but at any rate she
was entitled to a power of appointment in f.,vout of her husband.
Mr. KINDERSLEY (with whim was Mr. Schomberg) con-
tended that the fund was given to the Countess for her sole
benefit for life, and as no other limitations were attached to it,
he defendant was entitled to the reversion.
Lord LANGDALE said that the will referred to the 10,000 e
as if it had been paid in redemption of the rent•oharge upon
the Birmingham estates. The gift was fur the sole benrfit of
the plaintiff, and.hothing was said about children. The words
sole benefit must have their effect, and meant independent
her husband. It was for her benefit, and nothing was given to
any one else, independent of her ; if the chil.!ren did take any
interest it must he upon tier selection. however, a general
power was inserted in the settlement, persons not alluded to
would be benefited. If the Ceuetess had the same powers as
were given to the Countess de Zicby, it was not to deprive the
persons not named in the will of the benefit. As Matilda,
therefore, was to have as much a. Chatlette, she ought to hale--
these pourers, and by virtue of the power the children might
take, and the husband also might have a lie intereA given to
him. The plaintiff, therefore, was entitled to the interest of
the fund for life for her separate use, with power to appoint to
her children, and also to give a life interest to her husband,
but es nothing was given to the children the ultimate remainder
must be to the defendant.

COURT OF QUEEN'S BENCH, Jon. 20.
( Sittings in Banco. )
The Court took the Crown paper to-day, and the whole morn.
ing was taken up in listening to arguments in cases of appeal, re.
lating to disbutcd liability to poor-rates.

COURT OF COMMON PLEAS, Jan. 20.
(Sittings in'Banco.)
WATTS V. LYON.

The plaintiff in this case, Mr. A aric Watts, was employed to
write articles for the Conservative Journal, of whieh the defendant
was the registered proprietor. The action was brought to recover
the sum of 251. for work and labour done, and was tried recently
at Westminster, before Mr. Justice Cresswell, when the jury found
for the plaintiff; damages, 10!. 10s.
Mr. Sergeant BYLES this day (for the defendant) moved far a rule
nisi to set aside the verdict, on the grounds that it was against evi•
dence, and that the Learned Judge had improperly rejected
evidence which ought to have been received. The evidenee
rejected had been proffered to show that Mr. Spotiswoode, the Queen's
printer, was really the proprietor of the Conservative Journal,
and that the action ought to have been brought against him, and
not against Mr. Lyon, who was in fact no party to a contract with
the plaintiff, but only nominally a proprietor, for the purpose of
registering at the Stamp-office, instead of Mr. Spottiawoode.
_ . . . .

The COURT was unanimously of opinion that the evidence re-
ceived at the trial was complete, in establishing the liability of
Mr. Lyon. His being registered at the Stamp-office render d him
responsible, both to the Government and to private individuals, for
the acts and liabilities of proprietors. The Learned Judges there.
upon had rightly excluded evidence in disproof of the registration,
and the verdict was properly found.
Rule nisi refused, without hearing the other side.