Star.
London, England, 1825-11-18 00:00:00

lIIITCPTINSON AGAINST LAMBERT AND CURLING.

James II u chinsop, late cf Bioomsbury-square, in the!
county of Mi•'dle,,ex, Ecquire, by his will, of considera-,
ble length and preci.inn as to its form, devised and be-
queathed tic whole of his real and personal estates to
Dr. Sherron and his vai, Bury Ilutchinson, Esq. and the
survivor of them, and to the heirs, executors, adminis-
trators, arid assigns of such survivo:, ail(' after a lea.
inconsiderahie legacies, the te.tai.oc hetitteathed the re-
sidue of I.is I er:oaai estate, and of the produce of his
re 1 es!ates, a follows :—One fifth to h:s son Du: y Hut-
chinson, and the remaining four-fifths to his four daogh-
ters. The s•ii's share was given to him absolutely, but
those of the daughters w•.:re strictly tied up in trust,
limiti:-g their interest to c:ere o± the dividend,
of their shares for life, free from the conzioril of aly hus-
band whatever, with an iaterest over to their children
(if any), otLet wise in favour c.f Bury Hutchinson (abso-
lutely as to his share), and of rhe other daughters under
ibe same limitations as Owir o!:ginal poi tiots.
The test,cor, moreover, by a special claux, directed
that in case tithe.- Dr. Shei.son, or his son, whem he,
also appointed execute r, should refuse to act, or die,
leaving tire other surviving, then that his daughters
each in respect of her own individual share, s'iorild have
you-er to name for herself trustees to act :n the trust
cr•.!ared by Lis mill for tie disposal of such shine, con-
join:ly with the survivir.g executor and trustee of
his will.

The tes!ator further declared, that the receipt of his
executors and tiustees of his «ill, r r the survivor of
them, or the repreventative of such rtrrvivor, should be
a legal di charge to the purchaser or purchasers of his
real or rersonai estates.

Ti:e testator died SA of August, 1307. Dr. Sherson,
one of his executors and trustees,iefused to act, and af-
terwai ds died in the lifetime of the testator's son, Bury
Hutchinson, who alone proved the will.
This Gentleman died in October, 1821., and the re-
presentation of James Hutchinson having failed, an ap-
pl cation was made to the ngative Conti, by Hart iott,
tl e Wife of Mr. Bailee Cuilicg. and Niitty, the wife of
Mr. William Lambert, two of the testator's daughters,
who rept eo-nted themselves to he two of the residuary
legatees nailed in the deceased's will ; and tinder this
errose.utes d scription, they suer e.deal in obtaining let-
ters of of the xi -this of the testator, left
unadministel ed by But y Hutchinson, Esq.
Ilies:1 Ladies Hire afterwards cited to hying in such
letters of administration, at the :alit of Mrs. Esther Mat y
Iliitchie,on, the widow and admibistratris of the de-
ceased Bury llutclinson, as having been by (Vette sur-
reptitiously she being by right of rept esenta-
tion the person in whom the legal estate of James Hut-
chinson vested, under the provisions of his will.
The Court, Sir Ji'Ha NICHOLL, (having heard the ar-
guments of Counsel), in giving Lis judg mew , rental ked
on the very special tetros in which the testator vvstei
his estates, b,tll ieal and pet scnal, in his trustees and
executors, or the survivor of th4oi, or the repres ntative
of the survivor, that the trusts created under the will in
question were not of an el dinar), nature. It was evident
tnat great care was taken by the testator that his inten-
tions. in respect of such trusts, should he implicitly ad-
be s c d to,ss hicil a usts limited the interests of 1. is daughters
to lithe ban the beilerit r 4 the inconse of their shares.
The testat r cautiously gimari!ed tiny interference
of the hmband ef any daughter in I i sport of her por-
tion, and to obviate any pretu.nptive title v.hich in the
ordinary course of representation might accrue to his
daughters, under which they mittlit have the co:drool
of his property or of the'r own shares, the testator ex-
pressly vested the legal light to administer his estate in
the teptessntstive of the survivor of his executors,
whomsoever it might he. It was evident that the legal
estate of .lames Hutchinson was vi sted first in Bury
liutclinison, and now in hiss idow and personal repre-
sentative. It ss as so according to the general tenoui
of his mill, and according to the express terms of it. It
was to he observed, that Mrs. Curling and Mrs. Lam-
bert, in the statement made by them on applying for
the letters of admiristration which they obtained, had
suppressed the circurn,tance before adverted to—they
described themselves to be substituted residuary legatees.
Mad tiny been so, the Court, in making a grant 01
goo's left unadoiiinuered, is not Istninti as in certain
original grants by time statute, it is in the former cases
always discretional y. Practice had been relied upon :
but it any one case could be shewn similar to the w-
arm, which had been solemnly adjudged by any of his
learned predecessors, the Court would hesitate before it
decided in a contrary manner. There was none. Again,
if, as contended by the Counsel fur Mrs. Culling and
Mrs. Lambert, priority of interest in the estate of the
&ceased were to be the qualification for representing
this testator, even then Mrs. Hutchinson had a better
claim to 1: tiers of administration; for the testator's
daughters have only a life interest, and that carefully
separated from the controul of their husbands. If these
Ladies *ere allowed to continue the administratsizes of

the deceased's effects, what would be the teal state o"!
the case? Their husbands, whom the deceased was so
careful to exclude,wotild in effect be the a drninistratora of
his estate. Noihing could be more diametrically opposite
to his intenti in. In ordinary cases, where residuary
egattei, or substituted rrsiJuary legate,:s, are allowed
to represent, it is only en C:e presomption that tho
testat.or preferred them to his next of kin as suc!,. Here
the testator has not left to mere presumpti n will should
become his representative; he Las expressly directed
who should possess that right. Moreover, recurring
again to the pik.rity r f ortercst, Mrs. Hatchinson,
as representative of her husband, Vas an absAirte im-
mediate interest in o;.e fifth of the testator's pro-
perty, and a contingent ireerest in the shares of such
of the deceased's daughters who died without is,tre.
—Looking thi-n to the terms of the will by which the
testator vested his legal estate in the representative of
the survivor r f his executors and trustees—letling also
to the beneficial interest of the part:es f-efo-e the COu! t,
the Court did not hesitate in pronounci g that M. s.
Hutchinson was the person to whom the right of repre-
sentation to the late James Hutchinson belonged, and
he accordingly revoked the lezte-s of. administrAtion
heretoiore obtained by Mrs. Curling and Mrs. Lambert,
as improperly granted, and decreed letters of adminis•
nation to Mrs. Esther Mary Hutchinson.

THE SAME AGAINST TIIE SANIE.

This was a question emerging fro.:: the fo, mer, and
relating to the personal estate of John Ilutc' in n, late
of Anjengo, in the East Indies, Esq. the son of the before
named testator, in virtue of the representation made by
James Hutchinson. Mrs. Lambe) t and Mrs. Curling, in
like manner, wrongfully obtained letters of admiNistra-
tioo of the effects of John. These letters of administra-
tion depending upon the legality of those granted as of
James Hutchinson's estate, were, on account of the revo.
calm of the former, in like mant,er declared null and
voi.!, and letters of stdministration were decteed to Mrs.
Hutchinson as the true repres:ntative of Jalres Hut-
chinson, the father.

SPRING GUNS.—A few days ago, as Thomas Bar•
nard, labcurer. who had been employed in !h•,
serves of Northfield-wold, was returning from his
work, he unfortunately trod upon the wire of one col
these engines, at a very s!iort distance from the gun,
which discharged its contents into the calf of his leg,
lacerating it considera',ly.
One of the poor persons now applying to his Majesty's
Almoner for the Chrir•taras Bounty, is said to be a
niece of General Wolfe, the renowned conqueror of
Quebec. She reside; over a stable in a yard going out
of &or- k-street, Gio,venor-square, is eighty•two p ars
of age, and in a very infirm stare of health.
The courier Francais of the 11th gives the history
of a prosecution institute.l by the public officer against
sixteen women, two cliddten, and one man, detected
flogrante delicto in the enormous offence of reading the
New Testament, in a private house, at ten o'clock in
the lot enoon. The prosecution ended in the conviction
of all the offenders, who s+ ere fined (the children among
the rest) in the mitigated penalty of fifty francs each.
The New York Papers contain loug accounts of
the preparations making at New York for the cere-
mony of opening the canal from Lake Erie. The pro-
gramme of the procession o:cupies a whole column of
the Dadil Advertiser. The W:owi;11; paragtarh, de•
act iptive (lone of the intended toleryn'ties, w ill make
our readers smile :

" Dr. I%litchell having obtainal the pure waters of the rifle. the
sacred waters of the Ganges, the owl:swings of the Nile, the wa-
ters of the Amazon, the Orinoco, the l.a Mita, of Colombia River,
of the Th4tnes, the Seine, the Neva, the Tagus and tustn every
quarter of the globe, will unite tho4e waters with the ore.m, is am:
emblem of our commercial intercourse with all Farts of the sv,..ricl."

In a case which can.e on yesterday,-in the la'oive:;t
Debtors' Court, an instilvent, in !_is :chz•dule, described
one of his creditors as residing in Newgate prison; :he
Commissioner irrprted he s etc corfi!;ed t eie ?to
which question the inso:scn Tavcly replied, 4. Yes, Sir,
'tis his usual place of abode.'
The grea'er p.irt of the accidetits with stage-coaches
arise from their hying top-belvy with goods and pa s.
sengers, as, in turning. comers, if the coach happens to
suing, from the ab .ve cause, it is almost sure to go over.
WechieAby te'onight, Mr. R-binson, butler to Philip
B. nnet, Esq. of Rough.im, tented in the uppPr
boxes of the Bury Ti;ea• was suddenly seized with
an apoplectic fit, arid though p: empty attended by
Medical Gentleman, expired in 3 feW hours.
SPRING, TUE CHANITIOY••.•--SIX TO ONE.—Saturday
six fellows, some of whom heti been employed in sel-

ling bargains, in the shape o!. si.k handkerchiefs, to
those who are so weak as to suppose the tratursing
hawker can undersell the respectable tradesman, took
a fancy to the Booth Hail Tavern, Hereford, as their
dontiele for the day, and temptei by the good things
it afforded, dies' largely on the landlord's stores. Wll -.'n
the time for payment arrived, however, they seemed,
vet y unwilling to " come to the sera-cn." and ;.w.ght
shy of posting the cast!. Si ring, the renow neel cham-
pion and landlord, civilly ; ; j ~t dern.ind, hut
met only with ..Iruse; at lergti, et
this" respectable'' patty, feelitg 'licit valour will %VA' n),
and forgetting the kind < f person they had to 2.0,11 With,
rose to pay tl.e eff in a kind of coin w Weir
he had always been particula,l* handg in giving a satis- '
factory receipt for, in the shape of suLdi y renremhran: es
that leave ac!.es, and pains, and bruises, on those who
have required such acknowlergnients--:in shim, they
vowed they would serve him out handsomely. Spring,
however, decined tire honour, and with equal temper
and discretion, retreated from his assailants, stopp ng
their blows, and smiling at their vain attempts to touch
him. He immediately sent f‘..r a cr.nstable., but the
guardian of the law declined to anent', for which,
doubtless, Spring knows his remedy. Finding that the
law relused to protect him, and the fellows still insisting
on thrrshing him, with violent abuse in reply to his
repeated attempts to induce o:ern to be quiet, lie at I .st,
very properly, goaded by the most outrageous pro-
vocation, determined to adopt t! e shortest method of
quieting such characters, i;nd requesting t:.e persons
present not in interfere, after every 7.eaceable remon-
strance had failed, be pro•:,..eded to expel the intruders.
Three of them then rushed on him at once, and he was
soon surrounded by the six. Perhaps in his best days
he never sheaved such science, coolness, and courage,
as he displa)ed on this occasion. With admirable
quickness he stopped and returned, in a manner his
cowardly assailants will remember as long as they
live; right and left, every blow told on their sconces,
and on one eccasion they were all down together. In
less than twenty minutes they were completely brought
to a stand still, and tire champion at kriowledged. victor
—coolly observing,.. that he would thrash twenty such
as them in an hour." They were all stout fellows, at
least thirteen stone each.— Hereford Journal.-

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