The Sun.
London, England, 1842-05-24 00:00:00

C b USL T-FAS II X ONABIM .

The Archbishop of CanterhurTa;;lilsaninal entertain-
ment to the stewards of the sons of the clergy yesterday at Lam-
beth Palace. _ _

Lord and Lady Brougham gave a dinner on Saturday to the
Dukes of Devonshire and Cleveland, the Countess of Jersey, &c.
Lord acd Lady Stanley had a dinner patty on Saturday in
St. James's-square.
:riSCZILMANEOTI23.

The reflection of the great fire at Liam— iTurih was seen in the
Baltic by the passengers of a Swedish steamer, at a considerable
distance from Lubeck, and pieces of burning paper, tapestry,
silk, &e., positively fell in this latter city from the fire.

LAW INTELLIGENCE

HOUSE OF LORDS.-(THIS DAY.)
The House sat to. day to hear appeals. The Peers present,
were the Lord Chancellor, Lord Brougham, and Lord
Campbell.

GARRICK V. BUCHANAN.
Their Lordships were occupied the whole day with this case,
the facts of which are of no interest, and the only point involv-
ing a question of Scotch entail.

ICE-CHAIS CERY—(rH is DAY);
The VICE-CHANCELLOIL Of ENGLAND sat in Lincoln's Inn
to-day and took motions, but no case calling for a report came
before his Honour previous to our Evening Edition going
to press. _

( Before Vice. Chancellor BR uCE.)
GARRATT V. COCKEKELL.

His HoNoun gave judgment in this case, the question being
whether the will of Mr. Burgess, the testator in the cause, con-
tained a valid limitation in favour of one tha plaintiffs, the wife
of the other plaintiff, which had taken effect. The will was
dated the 14th of September, 1809. The testator gave his pro-
perty in four equal shares :—one share to his wife for her
natural life, then to devolve to his children, and to the longest
liver in equal shares ; the remaining three shares to be divided
equally between his three children, and the longest liver of
their heirs ; and the will contained the following words :
" Should all my children die without heirs my property in that
case to be divided equally between the children of my brothers
and sisters alive at the death of my last surviving child." Upon
these last words the dispute in the cause turned. It was ad-
mitted that the children of the testator were all dead, and that
neither of them had left issue. At the death of the survivor of
the testator's children there*ere children living of some of the
testator's brothers and sisters, and it was in right of Mrs.
Garratt, as one of these children, that the present suit was n-
stituted. It was contended for her that the word "heirs," as
used in the will, meant either children or issue ; that the limi-
tation in favour of the children of the testator a brothers and
sisters was intended to take effect only in the event of
the testator's children respectively, either never having a
child, or not leaving a child living at their respective deaths;
that the limitation was therefore valid, and that if valid it had,
upon the admitted facts, taken effect. His Honour said he
should hold that the word " heirs" meant either children, or
issue. With respect to the question, whether the testator
meant the limitation in favour of the children of his brothers
and sisters to take effect only in the event of the issue not
being born to either of his children, his impression was, that
the language did not authorise such an interpretation. He
could not hold that by dying without heirs the testator meant
dying without leaving a child. Then came the question, what
would be the effect upon the construction of the words "My
last surviving child," whether they would support a restrictive
construction of the words " die without heirs." His Honour
then referred to several cases bearing upon the construction of
the words, and after stating that the will had already been before
the Master of the Rolls in 1837, said he should defer to the
authority of that Learned Judge by dismissing the Bill. He
had collected from the Bar, however, that the case would in any
Court be carried before the Lord Chancellor, and he thought
such a course would have been very reasonable whichever way
he had decided.

QUEEN'S BENCH.-(7111S DAY.)
The Ceurt atits sitting this morning proceeded to hear ar-
guments in cases of motions for new trials. The greater part
of the time was occupied in hearing the case of Mant and
Collins, which was an action brought to determine a disputed
right to a pew in a chapel. The case was a most uninterest-
ing one.