The Sun.
London, England, 1829-12-03 00:00:00

SIMPSON V. FORESTER.

This was an appeal against the decision of the
civil court of Demerara. The question which their
Lordships had to determine was, whether the pro-
perty- of the wife (antler the particuhr circumstances
of the case) could be sold in execution to satisfy the
debts of het husband. The case was thist.-4a
18W, Mr. Joseph Cooke and his wife were proptie-
tors in common (according to the law of }Tolland)
of It. certain property called the " Good Litchi."
Xn that year, Mr. Cooke died, leaving a will, by
which he bequeathed his moiety of the property and
all his personal effects tonis f)r life, and after
her death to his daughter, Mrs. Knight, in this
manner—that ..ht-e-Ad she survive her mother, the
whole properq, was to be sold, the money invested
in the Bank i)1 England, and the dividends were to
be paid. -to her annually during her life, and at her
death "s•he wai- to have the power to dispose of them
1;1 will to whomsoever she pleased. in if d;, Mrs.
Cooke died; and Mrs. Knight stweeded to the
whole property, by the will of her mother. In
1823 or 1824, an action for debt was brought
against Mr. Knight, which went on to execution,
when a question was raised in the Colonial Court,
whether the property was not limited in sueh a way
that the wife could not alienate it even to pay her
own debts, a,..1 therefore tot to pay those of her
)ntshani. !The Court decided that, the nature of
h,r fe.'rier's will was such, the property derived under
it eculd no be made 4pptivahle for the debts of her
hu,,band, aria ihereforo the execution could not be
•• •

The creditors at whose suit the action was
brought appealed against that, and
Dr. LUSHINGTON (with whom Was Mr. Talfourd)
now appeared in • support of the appeal: The
learned Doctor,. after remarking that by the law of
11)e colony, the property of the 1110mnd or wife was
liab!e for the debts of either, even though cantrattcd
before marriage, contended, that it was also held by
the Dutch law, that the property of the wife, whe-
ther derived to her by deed or legsey, was to be con.
&demi the common property of her and her bus,
bmal, and as fArch was liable for his debts; the 'ex-
ception to this rule was, where a property was left
frost-toitt be applied by the trum..ees to the wife's
102; which IA as not done in the case before the
court. The property, he maintained, being left to
tile wife for life, and disposable at her death to wham
pleased, was so completely Ler's, as to fall-within
the rule applicable to the common property of both,
and therefore the decision of the Colonial Court,
which pee-vented execution on it for the husband's
debts, ought to he Ti et aside.
• Mr. TALFOURD followed on the same side.
Mr. ADAM (with whom was Mr. Serirant
'Rough) was heard against the appeal, and in sup•
pot* a the decision hi the Court below. lie ad-
Mitted the correttne,ss of the Dutch law, as kigl
ilown by his knitted friends, but contended that the
property-left by will must be considered as in trust,
though no t^.ustce was loned; and that a court of
itpnq 'would not hesitate to appoint a trustee to
carry those trusts into effect.
?I,lr. Serkant ltouGn was about to follow on the
same side, ,when
Lord WINFOED intimated that the inclination of
the Court at: present being in favour of the decision
of the Court below, they thought it unnecessary.—
They would therefore hear Dr. Lushington in repV.
That Learned Gentleman having been heard in

support of his former view of the ea—se,
Lord \VYNFORD delivered the opinior of Ile
Court. His Lordship, after going through the fects
of the case, observed that the decision tnust be not

according to English but Dutch law ; but if be had
the honour of a seat in a court of equity he should
liave no hesitation in deciding in this case against
the appeal. It was clear, in the opinion of thair
Lordships, that the intention cf the testator
Cooke) was to give his datigirer the property fret!
from the contfot of her Ilusb:lnd, or from ; ny claim

for his debts. She rclt'd not alienate the property

to pay her own. o,btF, and of course could not for
those of her tri...Oand. The appeal must., under there
circutPst4P:-es, be dismissed, but without costs.

CORONERS' INQUESTS.

Yesterday afternoon an inquest was held at the
-Rose of Notaiandy public-house, High-streci, Mary-
';one, before Tilos. STIRLING, Esq., touehieg the
death of Miss Mary Ann Tessier, a young lady who
was burned to death at a boarding-school in that
nuelthourhood. Verdict—" Accidental Death."
Yesterday evening an invest was held in the
Conanittee- room of St. Bartholomew's Hospital, by
Mr. W. PA NE, the City Coroner, to inquire
toucl:ing the death of William Dean, aged 37. The
deceased (as appeared from the evidence) was a
married man, a tailor by trade, and liadln en fer some
time ia low spirits. On Wednesday last he was found
hanging in his lodging. He was cut down, and ant-
matiort being res7ored by the surgeon, he was con- I
veyed to St. Bartholomew's Hospital, where, at one
• time, it was considered lihely he would recover. He
• died, however, on Tuesday morning. The Jury,
-after hwaring the evidence of the house-surgeon of
the hospital, returned the following verdict
That the deceased died from a diseased state of
the brain, accelerated by harging himself while in a
state of temporary mental derangement."
On Monday morning an imptisition seas taken at
the sign of the Sugar Loaf, et the bard: of Church-
- street, Greenwich, by Mr. CARTER, Coroner, and a
reTeetable Jury, upon view of the body of a very
interesting girl, aged 16, reamed Jane Mary M‘Gin-
Ms, who, in a fit of jealousy, committed suicide.
appeared from the evidence of the witnesses that the
deceased was a straw bonnet-tnaker, and lived in
the house of a Mrs. Rocks, in Roari-street, Green-
wich. On Easter Monday last she went to the
fair, and there met a young man of respectable con-
nexions, named Thomas Cook, employed in Mr.
Harris's pottery in the neighbourhood, to w horn she
at once became ardently attached, which increased
the longer she knew him, and at length such was her
unbounded love for the yout 14,thae. she watched him
about the town to every place his business led him :
in fact, she always expressed herself unhappy when
he was cut of her sight. The unhappy girl had
frequently talked of marriarte, but Cm l; distinctly
told her that he never intended to alter his situation
till the death of his mother, and advised her to divest
herself of any hopes of that description, as Lis senti-
ments had been long fixed. Notwithstanding these
assurances, her love contiatied unabated, and sub-
sequently she became jealous of the young mare
and allowed her passion to obtain such a command
over her feelings, and to such an extent did she
carry her suspicious conduct, that she became the
greatest annoyance to him. Having observed him
paying some attention to another young woman at
a dance, she left the room in a fit of passion, and a
few days after poisoned herself with oxalic acid.—
After taking the poison she proceeded towards the
place where Cook worked; but not being able to
walk so far, she entered a house on the way, fell
down on the floor, and flied in great agony. Thos..
Cook, the riling man, was called before the Jury,
and interrogated very closely, and from his answers
there was no reason to suspect that the hapless girl
bad
,been at all ill-treated by him, or that his mis-
conduct' had 'at all induced her .to commit the de-
plorable act. lie spoke of her as strictly
virtuous girl, but she was of a remarkably issionate
and jealous dispositian. The Jury, alter ~true con-
sultation, re:urlied their verdict—" That the de-
ceased -poisoned herself in a tit of temporary de-
rangement."

Admiral 13-YRoN was so proverbially unfortu-
nate, that it was said of him that he never once %net with
a fair wind ; yet his acknowledged in,:rits were such, that
his disasters leer, always imp:o to hi, fortune, never as
his limit.

EXPRESS FROM PARIS.

(From the Messa,ger eats thambres of Tuesday.)
tSECOND EDITION.).

FRONTIERS OF SEP.VIA, NOY. 10

Though a report has been spread fur these, three days
that the Turkish Commissioners who ere to effect the in-
corporation of the six districts Ittt arrived, we do not see
any thing to induce 12 to give credit to it; however, they
most stein tMe heir,i especially as the evacuation of Adrian-
ople s now carrying into effect:
The•Pacha ef Scutari, who Vernaint iptiet at Phillippo-
poll, has drawn togritser all the troops encamped in the
enrirons of Soplaia, end is preparing to take the commend
Of Adrianople as s ,on as the ilussians have lift it. The
Porte Iris imposed a sew tax, which does not a little
centribute to excite irritation against the Governm,mt—
add to this all- the burdens, which daily become more
heavy ; the extortion of the great men, who insult the
people by displaying a pomp very unsuitable to the yrc-
, sent circumstances. According to letters, which are de-
' servine. of credit, the private treasury of the Sultan is
also exhausted; the rich Paellas and the landowners are
thinking of meens to conceal their treasures. The discon-
tent of the. people manifests itself on every occasion, and
such is the blindness of the Ottoman Porte that it does
not even know bow to employ the necessary measures
to prevent an open revolt.
The exchange of couriers is very frequent, and the ne-
gotiations relative to Greece are carrying on at Constanti-,
mph; with great activity. It appears to be certain • that
Greece is to enjey complete ixtlependenee.—Augsbury
Gazette.

PA EIS. DEC. 1

tht iiiimitcur contains, in the Official Part, a report
to his Majesty from the 'MiniNter of Finance, followed by
a Royal Ordinance, regulating the division of labour be-
t•vren tl.e several branches of the Finance Department.
Faxxcx FUNDS.-PARIS, Nov. 30.-Five per C,-nts.
lOM. 108 f. 80a. ; Three per Cents., 81f. 45c. 35c. 40c. ;
Naples Stock, 931. 60e. ; Royal Spanish Loin, 70 ;
Spanish Rente Perpettellts, 551 ; Haytian Loan, 4301.
Exchange on London, one month, 25f. 70e. ; three
months, 25f. fours Authentique.
htEI:CII FUNDS, PARIS, DEC. 1.-Five per Cents.
109 f. 10e. 15c. Ioe. 109 f. 109 f. sc. ; Three per Cents.
Slf. 70c. 80c. 90c, 95c. ; Bank Stock, 1,915 f. ; Rentes
de Naples, 91f. 25c. 20c. 25c. SOc. 94f. 40c. 25c. ;
Write d'Espagne, 71; Royal Spanish Loan, 79fif. ; Rents
Pert'. d'Espagne, 57 571+ 57-k ; Haytian Loan, 430 f.
4351. 4.25 f. 420 f. 415 f. Exchange on London-One
month, 251.7.70 c. ; three months, 25f. 55c.

PRICES OF STOCKS THIS DAY AT ONE O'CLOCK.
13 trl'C Stock ...... .. 21714 21634 South Sea Stock —
3 per Cent. Red. 93% ti% Old Annuities —
2 •:eie Cent- Cons.. ....... .... shut Mew Ditto —
34; per C.ent lO9 4 Ex. Bills, .£1,(;05 2d. 68 CO pm.
IMtt ) RO.' 100 98% 1001/4 Ditt0............... lid. 68 69 pm.
et pet Cent. Ann ... 1).3%%;4% Ditto .sa) 2d. 68 C 9 pm.
Ditto, IS2:i
,(;S 69 pm.
Ditto Scrip — Ilit!..s omall 24. 68 69 pm.
fleck r . Ann. 19 9-15 % 11-16 Ditto ld. 68 69 pm.
Ditto 30 years ... ...... ... 19 5-16 sank for Account —
India Stock — India for Account --
att.., Bonds 6B 61) pm. Cons. for January 94% %%