Star.
London, England, 1825-08-18 00:00:00

IN RE FATETHORPN, AN INFANT.

Mr.AGA II mentioned this we, which was that of a Ward of Court,
who had eloped and married at Gretna-green.
WI en the matter was mentioned before, his Lord-
ship had_ recanimended that the patties should marry
Apia. Ile noW inqOired whether the second marrilge
had taken place?
Mr; /toast stated that it Was fixed for next Sunday.
LORDSHIP linAliy directed a reference to .the
Master to inquire wh it settlemant, under all the cir-
, cumstances, should be made upon the Lady, whose estate
consists of freehold "property to the amount of 2004
per ann.urh ?
EX PARTE DURWOOD, IN RE HOWARD AND GIBBS.

This Was an appeal, from a deci4on of Vice-Chan-
cellor,Ott a petition of 'the messenger under the corn-
misiido issued against the bankrupts, praying that the
solicitor Mader the commission might be directed to pay
the expenses, as the petitionitig cieditbr,. Campbeli,was,
with his "cogrtizatncr, it pauper when the commission
was taken oat.

The matter. 'was fully argued before his Honour, who refused
she petition. •
The LORD Csrattcgt.r.ott, after hearing the arguments
on both sides, which were exceedingly long, was of
opinion that }the Vice-Chancellor's decision was right.
His Lordship Saw no reason to impute any culpable
conduce Ito Mr. Smith and although *suitors had a
right to tedress from this "Court xtgaitht solicitors,
where their 'had suffered.through their improper Con-
duct,. et solicitors themselves must be protected when
their conduct, though unwise, did not appear to
be blameable.

St PARTS 'BAXTER, IN NZ MARSH', STRACEY, lutttrr.

LEROY, AND co.
This was'a petition, praying to be allowed to make
a set-off agai-nst the bankrupts' estate, in regard to a
sum of 5,1A50'. paid intothe hands of two of the part.
ners(Messrs. Stracey and Graham), on account of a
building contract ; 'and .ilsO that the pUtioier might
act be required to come fin-as a creditor on the general
estate of the blnkrupts.
Mr. Hosett bad not proceeded far in the argument, when 'his
Lordship rose (contrary-to moseeel)itthree o'clock.
COURT, AUGUST 17.

. -
The thefol-
goosing iverviie Only:ode whleA possessed the'snedest biteireiti

Xtt.TINGToN V. GRAY.
.
His HoNowt said that the question in this case was
.the Ccinitinetion of.a will. The testator, atter certain
liMitations of his real estate, directed that his personal
estate, consi of's:honey in'the shotild be ex-
pended as soon as possible, in the pnrchase of an tsvite
in the county of York, whch would at a fair letting
yield three and a half per cent. upon the puribase-
money. The inidey iu the funds was to accumuiate if
'an estate could itOt b 2 tillichased -under Oche circum-
stances. He vreethialeilloi) h,a• entertained
great doubts as to the Manner in Which he ought to
dispose of this,case. it was obvious that the 'purchase'
of an estate which should, at a fair letting, produce three
and a hall* per cent. might§ owing to the value of money,
neier 'midi. In that c'a'se, it :nun be taken that the
'testator intended the landed property to accumulate
for ever. Be, however, was not disposed to look upon
the clause of the will as a condition, but merely as 'a direction in-
tended to make the trustees watchful of the interests of the estate.
Considetint it, therefori, as directory, and not conditional, he was
of opinion that the tenant for life, the petitioner, was entitled to
the dividends on the fund.d property trorn the first year after the
teatitar's dbatb. it konclubion, his Honoui repeated that the case
was an extremely doubtful one.