The Sun.
London, England, 1826-11-23 00:00:00

COCKERILL V. CHOLMELEY.

Mr. HART replied in this case to the observations made
on a former day, which reply occupied the time of the
Court till it broke up.
His LORDSHIP said, it was a bill brought for am injunc-
tion to restrain the defendant from taking possession of an
estate, under a verdict at law, in his favour. Ile felt bound
to take it, that that verdict had been properly pronounced,
and therefore the question was, whether there were equit-
able grounds enough in the case to authorise the Court's
saying, by its injunction, that that possession should not be
taken ? Notwithstanding the arguments in the case had
occupied several days, his Lordship could not dispose of
the above question until he had further information com-
municated to him. The facts he wished to have further
stated, related to the execution of some deed at law. Coun-
sel are to bring the case on again, when they can furnish
the information required.
•

VICE-CHANCELLOR'S COURT—(Tins DAY.)
The Court was occupied this morning in hearing ar.
ments in a cause which was of interest only to the parties,

, .
PREROGATIVE COURT.--Tars DAY:
(liefere Sir JOHN NICHOLL.)
Dr. LEsIIINGTON moved that .probate should be granted
on a will and codicil left by John Anderson, deceased ;
in the manner in which the will and 'codicil were left by
the testator.
Dr. JENNER did not object to the Court granting pro-
bate on the will anti codicil, but he respectfully submitted,
that the latter contained some words which conveyed a
most serious and unjust imputation on a person named
Rose. The instrument alleged, that Mr. Rose hail feloni-
ously taken a bond from the testator's house. There was
not the slightest ground he understood for such an asser-
don, and he thought. the Court would exercise a whole-
some discretion by, expunging the objectionable sentence.
Dr. LUsIIINGToN replied, that the Court had never
assumed authority to alter the words in a will left by a
I person deceased. In the case of Lady Vernon, although
both parties agreed, Sir 'W. Wynn refused to omit or
alter the testator's words; and in a subsequent case, there
had been it similar decision.
The COURT conceived that it would be a most unpre-
cedented course, to assume authority to alter the language
of a testament, but in the present case it seemed that the
words objected to, were contained not in a codicil to the
will, but in a rough draft of it, from which the will I now
produced was subsequently drawn. Under those circum7
stances the case might stand 'over until the next Court
day, in order that evidence might be adduced, to prove
whether the instrument containing the word felonious, was
a codicil, or only the draft of a will.
• IN THE GOODS OF Silt JAMES LEITH, KNT.
was ranted in this cage on the last Court
dayA,dtomiiitr
two creditors iitors of the deceased, his son and only sur-
viving heir, being resident in the East Indies, and having
neglected to take out letters of administration to his fa-
ther's property.
Sir JoiiN NIEIIOLL said, that upon considering thii case,
he
was of Opinion, that as 'Captain Leith was not n party
to the application, and could not receive notice of the in..
,
tention of the creditors, before administration was granted
to
them, they must give security, for the due execution
of this trust iii ,order that
Payment of the testator's debts, might be, forthcoming at
any time for it.
that Captain Leith made application
the widow of
In
tlhNiallia 400 HS Or SAMUEL COLLINS, DECEASED..
case a will was propounded by Lydia Collins,
the d, the
having been sworn decease
6001. The will was oppo-
sedto us under
property of the deceased
by the nephely
that the testator was.c'f the deceased,
" dof the alleged
incapable at the perm ,
execution of the will,i ;on the grounds
founded in collusion
the testator bad fallen iH a
A ,vaiiety of aii anti fraud. :
that
and that the whole transaction was
Nations we tin to the effect,
fit
reu
the
,in street, •
vious to the date of the will, recce
and that he had never
vered his senses from
that "Y until his death, which hap-
the day. pre-