The Sun.
London, England, 1844-01-20 00:00:00

PRICE OF SUGAR.

The Average Price of Brown or Muscovado Sugar, fir the
week ending Jan. 16, 1844, is 355. 2d. per cwt., exclusive
of the Duties of Customs paid or payable thereon on the Int-
portati, n thereof into Great Britain.

LAW INTELLIGENCE.
ROLLS' COURT, Jan. 19.

COUNTESS RERCHTOLDT r. 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
Marjoribanks, 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 16,000/. 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 I,th of October, 18:33,
after reciting that he was guardian, and that he was desirous
of making a provision for Charlotte Leopoldina Countess 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 400/., 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, and then to pay the
proceeds to her for life for 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 upon trust for Louisa Sarah Countess de St. An-
timo and her children in the same way, and upon failure of
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 land. It also
contained a power authorising Charlotte L. Countess de Zichy
to give a life interest in the property to her husband. Lori
Lowther, Sir Edmund Antrobus, and Edward Marjoribanks
declined to act as the trustees of the 10,000/. bequeathed by
the codicil to the Countess Berchtoldt ; and as there was con-
siderable doubt as to the intention of the testator the present
bill was filed.

Mr. BURGE (with whom was Mr. Titter) insisted that the
intention of the testator was that the funds should be settled. in
the same way as the money to be raised by the redemption of
the rent-charge of 4001., and particularly that the Countess
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 her husband.

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

Mr. St3trsoN, for Count Berehtoldt, 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 favour of her husband.
Mr. KINDERCLEY (with whom 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 LA NGDA LE said that the will referred to the 10,0001.
as if it had been paid in redemption of the rent-charge open,
the Birmingham estates. The gift was fur the sole benefit of
the plaintiff, and nothing was said about :children. The words
sole benefit must have their effect, and meant independent of
her husband. It was for her benefit, and nothing was given to
any one else, independent of her ; if the children did take any
interest it must be upon her selection. If, however, a general
power was inserted in the settlement, persons not alluded to
would be benefited. If the Countess had the same powers as
were given to the Countess de Zichy, it was not to deprive the
persons not named in the will of the benefit. As Matilda,
therefore, was to have as much as Charlotte, the ought to hay
these powers, and by virtue of the power the children might
take, and the husband also might have a life interest gives 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 as nothing was given to the children the ultimate remainder
must be to the defendant.

POLICE INTELLIGENCE.
(YESTERDAY.)
MANSION-ROUSE.

Mr. Humphreys, the solicitor of Joshua Fletcher, one of the
parties charged with having forged the wills of Anne Slack,
Eliza Burchard, and another person, waited upon the Lard
Mayor on Wednesday last, for the purpose of formally de-
manding, as a right, copies of the depositions and examina-
tions of the individuals who gave evidence in the case of the
first heard lady. He had not, he said, given notice to Messrs.
Freshfield, who were employed by the Government, of his in-
tention to make the application to his Lordship, as he did not
entertain any doubt of the right whatsoever, and his client
claimed the copies, not as a matter of favour or indulgence..
The Act under which he applied was the 6th and 7th Wil-
liam IV., cap. 14.
The LORD MAYOR said he by no means considered that the
section of the Act just quoted bore such a construction as that
put upon it by Mr. Humphreys. It was decidedly his opinion
that a person charged with an offence was not entitled to copies
of the depositions and examinations of the witnesses against him
until either final commitment should take place or bail should
be received. He must, therefore, refuse the application.
Yesterday Mr. Humphreys again waited upon the Lord
Mayor, and requested to be informed whether his Lordship
continued to entertain, and was determined to act upon the
same opinion ?
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matter of ----_r"P"'ibilitY 4)f

The Duke of Brunswick has just presented the
St. Mary's, Bryanston-square, District Society, for visiting
and relieving the poor at their own habitations, with the very
liberal donation of forty pounds, being the fourth annual dona-
tion which his Serene Highness has presented to this useful in-
stitution, rhich has been in active operation during the last 27
years.;