The Sun.
London, England, 1827-12-14 00:00:00

COURT OF KING'S BENCH.

BRETT V. FISHFR AND OTHERS.
Lord TENTERDEN and a Special Jury have heeg
oTeicleuppileadi
ntthi
ffe
caseho e
was closed
the
on Cambridgelvedn es
dTol I
ay ecvaesie:
ing, and upon the sitting of the Court this mornsl
the Attorney=General rose and addressed the P,'
for the defendants. A variety of documents weble
then given in evidence in support of the claim of t
Corporation.
The case will occupy the Court until its risi"g"

IN THE MATTERGOODS OF TANLr '''' Oil'
OF PREROGATIVE
THE COjOUHRNTS. oai
Dr. LUSIIINGTON stated, that in this c,"c 5 ' I
was propounded, executed by John StanleP!'s Vet
an eminent merchant, who, for many years, 1.7,-1,15
in Lisbon. The will Was dated in 1820, all'isrn
intended to provide for some natural children' horn
intended
Portugal. The property, which was 1arg.f,,1911
listed principally of money, vested in the -u'llijetl
Funds, and the question which the Court Was° of
upon to determine was, whether the provisionwsna
lish Law, or according to the Law
sided. Dr.
the will should be construed according to tbe '''i
of FOrtlig. :
where it was executed, and where the testator le
PHILLIMORE contended that the wi" should,,ft
~
be construed according to the law of Etaegsti:tno";
b 5,80,1
naturalised in Portugal, and that, in 1790'
was stated at the other side that the he
abjured the Protestant religion, as that was necesaiso
previous to his
occupied Lisbon, Mr. Stanley's
naturalisation. It was also
stated, that in 1868, when the French ar"ci
from confiscation, on the ground that he was a PL'i,e
tuguese subject, and that in 1814 he had taken tivor
oath of allegiance. It was important, however, fa
property was saved
the Court to know, that the statements contain°,
in the allegation were denied. Mr. Stanley Pro,
bahly played off a ruse ,de guerre to save his P,red
party from confiscation, but it could not be contera"oo,
that, he abjured the Protestant religion, for in Ito
when he executed his will, he stated that he
been brought up in the Protestant faith, and
aye
.t
to die in it, and desired that he might beginur'
~0
the doctrine_ laid down by the Court in the case,t
in the English burying-ground.
Crown Thornton, In fact, accorg `6(
the testator could not abjure his allegiance to thai.ii
born subject.
Sir J. NICHOL said, that in the case of Generaj
doubt, as he to
Thornton there could be no
a residence in England, and the will was ele:,
cuted in this country.. In the present case, 110 i,
ever, there was certainly a plain distinction, Wail
was a question how far • the testator had trap As
his allegiance to the Portuguese Government. oiS
the case involved many important questions, it,' to
desirable that the allegation should be adinittef eto.
proof, before the Court could pronounce on the
ii
—Allegation admitted. was the raittirti ~

Cow

The following is said to have come 11.01 -,,tiao
stautinople, and to have been derived from the infts:a
of
of one of the interpreters, who had learned what 1)5 vote.
the Divan. We give it as it roaches us :—" Cri ulto
B.—At the meeting of the Divan, held on the st`
the MUFTI spoke with considerable force and digiiiq,;,,r
observed, that whatever circumstances might here3L"'" 110
alleged to palliate the attack upon the Ottoman hale' it ,
information was then before the Divan which alai ulvl.o
to regard the a
nj4gression otherwise than as a deed (1' ''itl''
outrage and uustifiable violence. Although the c
had manifested invariable moderation upon all occr
and an inviolable adherence to the faith of treaties, '11!105,
and injuries had been heaped upon him. No coneesl,o
however great, uor sacrifices, however painful, had lie
sufficient to preserve the public tranquillity, and to set to
the people .from the evils and privations ever inoideo::
war. Notwithstanding these considerations, howeve, of
behoved them to act, in this extraordinary conjuncturvi-i0
affairs, with prudence and circumspection. - A contest ti
three such potent adversaries would be an affair o.fii,oo
mentions import, and could hardly be contemplated wl",loc'
impressions of immediate danger, and pf possible do' 0..4
tion. If, therefore, the demands of the Allied C0:0,
really refer to one province only—if they do not cFn ,eioo
plate the dismemberment of the empire, and the extolcre
of the Ottoman vane and power, it may be wise and
(lent to listen to their suggestions, and to receive their Yene
posals. Let us, however, (he added) continue our psi it
is
0
rations, that we may negotiate with dignity ; and /f
should hereafter appear, that their pretensions are piof
more exorbitant nature, and that they aim at nothing otof
than the destruction.of the Ottoman Power, let us 0°,4
bodies and our minds, and with heart and with hapa
upon the intlrposition fole
port .the standard of the- Prophet when it shahl hand'
furled to our view; aPPealing to the world fp': the 450',
Prophets, that he will' protec% rsithfw
dowers is the hour of ditcultp,
of
Prophetoar o cause, and relying

LONDON

The adjournmea
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a Ltori Si.heritf
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tnadel4
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the hvetY much d
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th defendant
r— months' imps

THE m

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