The Sun.
London, England, 1826-11-27 00:00:00

LAW INTtLLTOENCE.

dotrra OF CHANCERY.—(Tais DAY.)
His LORDSHIP, on coming into Court this morning, stated
that a lady had handed up a petition to the Court the other day
in a cause which his Lordship was sure Mr. Horne would well
'recollect, of West v. Clarke, which his Lordship had carefully
read over, and.he thought it but an act of justice to Mr. Horne to
say, that upon the long proceedings in this cause his Lordship ob-
served that Mr. Horne had given to this poor woman a great deal
of his most valuable advice, which slid him • the greatest credit.
This petition was drawn up praying of the Court what it was
quite incompetent to grant. It had been presented, accompanied
with an affidavit which had been sworn before the Lord Miyor of
London. Now, his Lordship begged to say, with all the re-
spect that was due to that highly respectable personage,
that affidavits in matters of Chancery ought not to be taken before
him, because if they were true his Lordship could not read them,
for the jurisdiction which his Lordship held would not allow him;
if they happened to be false, the parties making them could not
be prosecuted for perjury ; but it was extremely important that it
should be known, that even if they were true the Court could not
act upon them., Now what was prayed in this petition, willing
as his Lordship was, and he trusted be always should be, to do
every thing he Gould, especially in eases of, this nature, yet his
Lordship could do nothing upon a petition of this sort, unless the
petition was formed into one which prayed that relief which this
Court could give to all parties, which this one did not. The
opinions which the Attorney for this lady had informed her were
expressed by the Court, his Lordship must do him the jus-
tice to say bad been very correctly stated to her. Be-
cause his Lordship perfectly recollected what he had stated
in this case of West v. Clarke, and if he was wrong in that,
he was sorry for it; but he felt that generally in applications of
this sort, if upon the examination of the rights of the parties, it
turned out the Judge was against them, they imagined themselves
betrayed and deserted.

His
Loansnzr had also another petition, something of the same
nature, in which he had no marepower to act than any gentleman
in the world.

His LORDSNIP stated that he was obliged to rise at half-past one
o'clock, to day.

VICE CHANCELLOR'S COURT—(Tuts DAT. )
F.ARL OF BNISTO,I V. VINCENT.
This case arose out of the following circumstance :—A testator
bequeathed en annuity, to what he in his will described as the
"Naval Asylum in Landon." There being ne Institution an-
swering exastly to this description, and several Institutions having
asserted claims to the annuity, a bill was filed, and it was referred
to the Muter, to say what the intention of the testator was. The
Master reported, that the Greenwich Asylum was the Institution
entitled to the annuity, and an application was now made, that
the arrears of the annuity, and the interest which had accrued
thereon, be directed to be paid over to the trustees of that
Asylum.

His lioNouß granted the application, and ordered that the
costs of the suit he paid out of the testator's estate, inasmuch as
the proceedings were made necessary by the indistinctness of his
will.