The Sun.
London, England, 1829-01-28 00:00:00

hiETROPOLITAN ROAD ACT.

Sir J. SCA KLETT having obtained a rule for a
mandamus, calling upon the Commissioners of the
Metropolitan Road Trust to show cause why they
refused to Nvatch and light several roads in and about
the parish of St. Pancras, it was supported at
great length this morning by the Solicitor-General.
Mr. F. POLLOCK appeared for the Commissioners,
and contended that they were by the above Act, on
the construction of which the whole question turned,
clothed with a discretionary power to light and watch
such roads, and such only, as their discretion shall
point out as requiring it.
After the argument, which had lasted the greater
part of the morning, was concluded, the Court in-
timated that they would give judgment on a future
day.

ARCHES' COURT.
MR. FARQUHAR'S WILL-COLVIN V. FRASER.

Dr. PHILLIMORE addressed the Court this morn-
ing on behalf of the next of kin (the nephews and
nieces of the late Mr. Farquhar). The Learned
Counsel said he should not follow the King's Ad-
vocate through all the particulars of the case he
opened on the part of Mr. Colvin, but point out to
the consideration of the Court, what appeared to
him most important. Shortly after the death of
Mr. Farquhar, a most strict search was made, in the
presence of Mr. Colvin, Mr. Drake, the solicitor,
and Mr. Fraser the heir at law of the decease I, but
no will k:ould be found. Thet.e was a vast quantity

of papers, some of whatamentary nature, therefor!
,
ich were very carefully Fea°
but none were of a tt
er, 1828, letters of admit'
The
persoum property was sworn 1
on the 15th Decemb
sFtrraasteiort: were granted by that Court to bil
- 600,000/. Shestl y after this, it teas state
"mit. .'itrquliar bad i lade a will previously I
that Mr. p..
i) the year 1 'Bl4, in which, after 1$
lucation in Scotlani!.
leaving India ... ti ,_
~,_. ies, and directing PO'
wreathing a few sm.. :.t.47,%_ „f his immense pil
pt
place, to each l •f the universitieso
in the fast deer, he directs he
—•and Abet
Edinburg:?; Glasgo, • 01. annually,whit4'
pr:srienftors, Itrheegirvreosmtohteioro -0'
fu ac_o
• 11 ,of 60
executors to i'ay she Stn. .t.m ~,, urpose of foundial;
he wishes to be applied far ‘... rk* language in eadi
three professorships fro the Gree.. ''td.; the Ward
of the universities, at a salary of 2t, Ito be intii
Of the residue of his fortune he direct. over Scot
yearly to the parochial echoolmasters alt .la so
land, no one of them to ree'..:ise less that. •II floe,
nually ; this was the substanc oof the wt, t tic
propounded, but he, ac. Phi liwneve, though. ..sd!
should convince the Court thu t the deceased 1:, _ r,
destroyed that will, and revel lately intended_ll:;"'t!
it should be carried into effect; they,
at the time he arrived in this cow `t-CY til°' vcasoreat
manner in tthieh he intended to disk `c"9a of his . •
n -ere unknown,
riches, but at that time his relations
to him. What was the evidence 1,, the -e. ise ? In tho
partner nig
year 1816,he deposited ‘vit it Mr. Blovd, a
Whitbread's brewery, a sealed papfr)wioA .m• ail i
ec ould be no dootoo
keep it in safety; at the, same time rxcla. •.su'-
‘, God, Sir, you must take care of it, that i. . by •
will ;" but that paper was afterwards re '6 .41
the deceased ; and about the time a sea:U.42oy

was deposited with Mr. Colvin, of the hou.:lV
Bazett and Co. in which the deceased was a parA-
ner. In the year 1821, Mr. Farquhar had a quarrel(
with Mr. Colvin, and demanded the scaled paper;.
which (being at the -time in a violent rage) he tore'
to pieces, and it was admitted from that day to the'
present time, no testamentary paper was ever seen'
by any of the witnesses. It appeared from the evi--
deuce of Mr. Hart Davis, the Member for Bsistog,
and Mr. Barnet the banker, that the deceased otT
late years expressed great regard for his relatives,
observing, that before he came to this country-
they were unknown to him ; but now he thought
they were prudent young people, and never ex-
pressed during the latter period of his life that feeling.
of ,hostility towards Mr. Fraser which was repre-
sented by the other side ; it was very clear Mr. Col-
vin thought the deceased had died intestate, for after •
letters of administration had been granted to Mr.
Fraser, he actually paid over to that gentleman'
15,0001. in which be was indebted to the !state.--

With respect to the evidence of Mr. Hume, kv sup-
port of the bill, it was clear that that gentleman„,taery
was more renowned for his perseverance than his
ness, had been hoaxed by Mr. Farquhar. Mr.. r•
knew that he was Lord Rector of Abereeenrand bad.
a strong feeling towards promoting edeention*
Scotland, and therefore stated many things merelyi
in joke. In opposition to this evidence he trot
read extracts from the evidence of Mr. Hart Davis:.
the Member for Bristol, and of Mr. Alderman Wood,
The former gentleman stated, that in a conversation'
with Mr. Farquhar, in the year 1822, he (Mr. F.))
told him that he had tact will, neither was there any!
occasion for hint to make one, as the law would'
make the best will for him, by dividing his property/
equally between his relations; and in a conversation'
the deceased bad with Alderman Wood about the'
same time, he said his physician bad wished him to'
make a will, but, added he, the law will 'wake the
best will. At another conversation he said that it

had once been his intention to establialti a college,
arid had made a will in India, giving his poverty t
the promotion of education, but he found is attended

with so many difficulties that be had destroyed dud
will, and that he then had no will, neither dio fra.
want one, as his property would go amongst his
relations, which at the time he made the wili.
that he had since destroyed, he was unac-
quainted with. The Learned Councel: theuiha
this evidence quite conclusive that the de-
ceased never intended the copy of the will trans,
mitted from India to have effect, it was clear he, •
meant his, property to be divided between his rale-
tions, and considered that he had destroyed all his.
former testamentary papers. With respect to its.
being alleged that the will had riot been destroyed by'
Mr. Farquhar himself, the law presumed that when,-
the testator had it in his own possession, if after its:
decease it,could not be found that he himself des-
troyed it. It also held that if one copy is held by,
the testator, and another copy by another person,:
that if the testator destroys his copy, the Court
could not act upon the remaining copy, presuming
that it was the intention of the testator to make a.

different disposal of his property. Under all the cir-.
cumstances of this peculiar and important case, the
Learned Counsel trusted the Court would come to

the conclusion that Mr, Farquhar died intestate.
The remainder of the !timing was occupied in
reading the evidence taken in the cause, which is.
exceedingly voluminous.

TIIE MARKETS.-(THIS DAY.)

CORN EXCIiANGE.

There are no fresh arrivals this week of either Corn or •
Flour. The market presents a large show of Foreign
Wheat samples, but very few English. The factors are,
asking rather higher prices for the best parcels of Wheat,.
hut there is not much business doing to-day. Barley,
Beans, and Pease, may each. be reported dull at Monday's.
terms. The Oat trade fully maintains 'lts last quotations-
There is rather more sale for Flour than of late.

The Archbishop of Canterbury had an inter-
view yesterday morning with the Duke of Wellington at
the Treasury.

The Duke of Wellington left town abont
twelve o'idock for his Majesty's Palace at Windsor, wham!
the Duke had an audience of his Majesty, and returned to'
town about six o'clock. In the evening the Noble Duke.
gave a granA dinner, at his residence in Downing-atreevr
to some of the principal Ambassadors and Ministers, arta/
their Ladies. Among whom were—Prince Lieven, the.
Russian Ambassador, and the Princess Lieven ; the Cheri,
her de Neumann, Councillor to the Austrian Embassy -
(Prince Este' hazy, the Austrian Ambassador, being pre-
vented, owing to the effects of his late accident, from being
present), and the Princess Esterhazy ; Monsieur Roth, the
French Charge d'Affaires (in the absence of Prince Po-
lignac, the French Ambassador, at Paris), and Princess Po-
ligmw ; Baron Bulow, the Prussian Minister, and the
Baroness Bulow, Lord Dunglas, one of the Under Secre-
taries of State for Foreign Affairs, was also of the party.

At a late hour on Monday night, Count
Matuscewiez, one of the principal Ministers of the Emperor
of Russia, arrived at Ashburnham-house, Dover-street, the
residence of Prince Lieven, the Russian Ambassador, from
St. Petersburgh. Prince Lieven was not in tow■ at the
time of the arrival of the Count; but came to town with
the Princess Lieven at an early hour yesterday morning,
from their seat at Richmend. The Prince, after his arrival
in town, was closely engaged during the day with Count
Mitußcewicz, who, it is understood, is charged with en
important mission from the Emperor of Russia to oar
Government.

The 13razilian Minister, and Sir Herbert
Jenner, the King's Advocate, transacted bnsine►a with the
Earl of Aberdeen, at the office of the Secretary of State for
Foreign Affairs, in Downing-strcet.

Viscount Sidniouth and Mr. Secretary Peel
attended a meetjeag of the Governors of the Chartethouse
yesterday, held at the Charterhou'e.

Lord Hill trans=-cted business yesterday at the
Colonial-office.

Lord Ellenborough left town yesterday. for
Brighton.
In consequence of the deep snows in the nor-
thern partA of England, the mail -coaches from Glasgow
and from Edinburgh did not arrive at the Post-office until
many hours after their usual time, and the Letter Carriers
did mot leave Lombard-street until eleven o'clock this
morning.

The change of weather and of wind has
brought us to.day a great number of arrival.: from sevcral
parts Of the globe, and the letters from the Post were in
consequeuee two hours later in their delivery thin usual'.
• We have arrival, from Lisbon, Gibraltar, Motetra,
Girtliag,nn (S.A), Jamaica, Vcra Cruz, Itivannah,
Bombay, Ce).l4.n:4,,iic•