Star.
London, England, 1804-04-02 00:00:00

FASHIONABLE ARRANGEMENTS FOR THE WEEK.

THIS HAT.
The DOTS Of CAMIKIDOI'S Dinner, St. Junes's.
The I.OIIHNATOS.4 Grand Dinner, at the /HLIOG0114104(e.
LAST MA eases Ball. at the Manion bank.
Mamie of Monacoaa i Dbmer, at the Priory.

TO-140110W.
M6fthiOOOONS of SALISIoa•ei Pert% at H+t~eid
Dewar Lady liaaaweaces Party, Pertataragiura
WeItIILSDAT.
_

The Marquis at Streco's birMar.

THIIMIDAY ti
-
Counters of POITIMOUTII.I Putt, 1113C0111.0-11111-atid& 2,11
The Michele of Devo x sate es Petty, aufwici.

FRIDAY.

Mr. WINDIUIIII% Dinner, Postiaid Place.

SUNDAY.
Count& of Ranteaaa Matte, Portman Groom
Counters of HAILIIINOTOWS ditto, Stable-yard.
Lord H011Allf• Madre, itoebanyton.

LAW INTELLIGENCE.

COURT OF CHANCERY, MARCH 511.

GARLAND, IN it, W. [ALLMANI • OPT.

. .
This cafe was of great public importance, amd
particularly intereßing to the mercantile world. 'The"
falls were (bortly as follows : -
The petition prayed, that the proofs of three debts
made by the Trudges under the will of Bellman,
might be expunged. The Teßator. by his will de-
viled the whole of his property, real and perfonal,
to his wife for her life, or until the fhould marry
again, for the fupport of herfelf, and the mainte•
name and education of his children ;—and upon his
deceate, the whole to be divided among his children.
And he direaed, that his trade of a miller fhould lee
earned on after his death by his wife, in cafe the fur.
vived him, for the benefit of herfaf and children,
until the eldeß fop fhould attain a proper age for un-
dertakiog the management of the bufinefs ; and for
enabling his Paid wife fo to do, be direatd his truf-
tees to permit her to retain the Rock in trade, ups
her giving notes of hand, bearing intereft at 4 per
cent. for the amount of a Fair valuation of the Itock:
The Trußees were alfo dieetled, to advance out of
the perfonal tante of the tetlator, the tam of 6001.
as a capital, the better to enable his wife to carry on
the bufineli, for which fist was alfo to give the trot-
tees a note of band, as was the eldeß fon, upon his
attuning the management of the concern.
Thefe diretlions in the will were complied with.
aid Mrs. Bailsman carried on the trade untill (be be.
came bankrupt; when the truftees uoder Mr. Ball-
' man's will applied to prove under the commilfioo,
the amount of the noses for the Rock, and-the (pool.
advanced, as debts due to the teflator's elite. They
alfo claimed to be entitled to prove the fan of yooL
part of the teßator's general affets, which hod bees
i retained by Mrs. Bellman, and employed in the trade,
and filed a Bill in Chancery againfl the affirms,
praying that she bankrupt might be declared a tour-
tee as F ea leafe of the farm, upon which the mill
was ereacd. The Commillioners permitted the ex-
ecutor and truilee to prove to the extent of their
claim, being of opinion, that the notes of hand con-
Rituted a debt ; upon which the aflignees prefented
the prefent petition. praying that :he proofs fo made
might be expunged. And the two quetlions for de.
termination were, ill, Where a teßator direas mu.
r.ey to he advanced in trade, fuch advance confli.
totes a debt, by the perfon carrying oo the trade un-
der the dtrealons of that will? And, idly, Whether
not only the particular rum direded to be advanced,
but the whole perfonal property iv not liable to all
the debts to which the calyxes is fabjea ?
Mr. A LLLLL oat and Mr. Daum* argued in
rapport of Ole petition, that where a teftator direas
by his will, his trade (ball be carried on, and that
the profits (hall be approptiated for the benefit of his
children, in fuch a cafe. what is expended in carrying
that direaion into execution, cannot be confidered As
a debt to the teftatorPs eßate, for it cannot Rand in
competition with the general creditors of the bank-
rupt. This was decided in the :ate of Noah, and
Towzood, reported in Cooly', Baairsle Lays, where
there was a direaion of a limiter nature in a will.—
In that cafe, the tellator direfted his executors to
carry on his trade (or the benefit of his wife and
children ; and I.ord Kenyon, then Mailer of the
Rolls, in giving jodgesent, Paid, tt Wherever a will
contain.* loch a gireaion, general creditors have
a right not only to come upon the immediate pro-
perty ernbarlted in ase trade,bot alfo upon the ge-
neral stets, for the tenator's eftJte can never fiend
in competition with geoer: I creditors." If this o '-
nion be right, it decides the whole quetlion. Id •
tr.
cafe, the trade was carried on for the benefit of be
general affets ; and motley advanced for that ptir
pole clearly cannot caellitute a debt ; and, according
to Lord Kenyon's decifinn, all the property is 665
to pay the general debts.
Mr. it lc wimps and Mr. Totre, on the other fide.
The circumfiance of the widow being duetted by
this will to give feentity for the property in her
hands, diftinsoilhes this cafe from any which have
preceded it : all the creditors k-cw the manner in
which this widow carried on the trade for the benefit
oilier children. Iler charafter is two-told. She is
clearly indebted to the elate for the film advanced,
and for what the retained as e‘eruttis. An etc•
clam has been often &rated to pr..ve upon his own
cute, where he is indebted to his waster, and it

yearn be darted, thit here the efiato of the henlk-;
rupt is generally indebted in the amount of the ed-1
ranee. , 7
• 'Leto Citieett.t.oe.—" Does the cafe of MastAryl
all Ilemooid go fn far as to fay, that whe're a tette-
me directs a particular part, or a certain ensount of
hisioperty to be inve(ted in trade, all his atlas are:
ha
r. In that cafe the direttioas in
the will were general ; not any particulur futn, bat
the whole refidue, was.diretted to be employed in
carrying on the trade; and that diltinguithes it from
the prefent cafe. It was contended, in that cafe,
that property adventured:in the trade mutt be liable
to the debts of that trade, that properly having the
benefit of being entreated by the eventual profits ;
bat in this cafe, the profits_ do not go to encreafe the
general ants. Here there is no participation of
profit and loft : the profits go to the maintenance of
the wife and children, _

—.-
LORD CHANCILLOR—" This is a moll important
and difficult queftion, and may be confidered as hi-
therto undecided. Ido not think that the decifion
which has been attempted to be made between this
cafe and that of Hankey v. Towgood, where all the
perfonal property was directed to be embarked in
the trade, mikes an difference. The milator could
not place limiti to MU own liability in his life-time,
and the real queftion is, whether his eflate is not
liable; to the fame extent, as if he was living ? I am
ratbct inclined to think. that the whole affect are
liable to the general creditors of. this trade; but I
ihould be forry to decide a cafe of, filch great and
general importance. without fulleaing my qpinioo
to forme deliberate review.. I thrbk there am be no
doubt as to the money advanced under the fpecial
anthority of this will. The Writs of the teftator mu&
he anfwerable to the extent he has directed them to
lit advanced ; and both Sir Thomas Sewell and
lord Kenyon were of opinion, that the whole per-
final property was liable, in cafe the furn directed
to be advanced in fupport of the trade was ultimate.
ly infufficient for the payment of the debts--; but the
xonfevence is, that no will, where there is fuels a
'aircrews, can ever be executed. I doubt much whe-
titer the cafe of Hankey Towgood, can be rapport-
led to the extent it goes ; but, at to the amount of
the extent, and the fums advanced. I am clearly of
,opinion the proofs mutt be expunged. As to the
other point, I with it to (land over for further argu-
mem "

The petition accordingly Rood over until this day,
when it was again argued upon the point referred,
after which the Lord Chancellor faid,. a The cafe of
Hankey v. Towgood I remember very well. It was
eardly argued, and I doubted the decilion at theK
w In this cafe a teßttor by his will has direfted
•
a particular trade to be carried' at, id Which part of
ibis property is embarked. and. he dimes the difpofi-
tit* of all the other parts of his property. If he
had continued to lire, it would clearly have been all
liable, but the citieffion is, whethiet it is now ? Both
Lord Thurlow and Lord Kenyon concurred, thit if
an executor carried on trade; ander the diredtions of
the teßator, be was liable even to bankruptcy; and
it is difficult to fay.. that be (hall not have a right to
indemnify himikif from all the perfonal property of
the telt:tor, in the execution of whore directions he
incurred :tie Nobility. But the &with* of the eredi
tort is ficiily this: they lofe their remedies againil
the dead math and getehe freurity Oahe living ate-
color. If, kr:mixer, the, ezfcutor of at teßator doles
to put hlmfeW upon the rills olgerm& on a trade.
he cannot be priwitted to prislicl feints riven perfo-
nal indeibnny, iiy-settainingithe gamin! With from a
courfe of admiuillretion. If it were ft). on will with'
fuch a direftion could ever be executed; and it would
alto embarrafs 01 the tranfaCtionsof life, if, after le-
gacies Were paid, the executor could Rill have a right
.to demand them back, in order to provide for his
own pedalo' indemnity. There has been no cafe.
either before or Race my Lord Kenyan's deeifion of
Hanley and Hammond. of whom I may truly fay,
that although he fetdom developed the principle and
grounds of his deeitions to others ; yet no man fo
generally decided right. This cafe mull be confider
ed with reference to two claffes of creditors. IR.
Thofe who were fuch before the teßator's death ;
and adly, Thole who have become creditors Noce.—
The fief clafs by their own a&s may have their de-
mands paid, but if they permit them to hang over
until the alas are made,.they cannot have much
right to complain. The other Oafs mull be prefum•
ed to know the extent of the tellator's propetty em-
barked in the trade, and if they chute to deal with
an executor under filch cireurtainces, it is their own
fault if that property tarns out to be infuffieient.—
This way of confideriing the cafe teems to me to be
attended with the lea& ineonveniencirs, and I am
therefore inclined to think, contrary to my Lord
Kenyon's decitlon is Mulkey and Hammond, that
the property embarked ales* is liablet"

ReR above all things on earth is fweet to the wea-
ry, wbilf refileffnefs is tk: greaten tentage inaiskind
need have—this is exemplified in the contract of this
happy Itle and unhappy France , for cid that dipepot.
is removed, Europe may give up all
hopes of real tranquillity, and live in fufpence and
uncertainty ; as molt any poor afßifted Gouty Man
who has that cruel complaint mixed in his Blond,
can have no reßing place to which he may fly
permanent repofe. We could with the French dif-
order was only that of the Gout, it might loon be
cured, as we have ken whole lifts of refpeftable names
in the public prime cured by Dr. GARDNER'S AL-
Iva PILLS, &C. 76, Long• Acre, add No. 3,
Shoreditch.

EIRTHt.

Ilatanisy (Aided, id Devi ;ore Fionfc,the lad) of the Hoo. and
Arr. Pierce Meade, of a dialer cr.
On Friday enore,to:. at h.. hook In Portland place. the lady of
Vsksdac Conolly, uy. of. a daaghter.

Mesday. b Glu'llcr-flree, Dublin. by Freial Herree, JAn
Gutty* Flq. Barri/ter at law, to MU, Warren, daughter gd
James Warms, tars Rut.
On Iheoday the asth wk. by fpec.l licentt. at Menlogh In the
earn y of Galway, Thomas I erne*, Ffq. of fistrinttnn, in qe
county of Lan( after, to We Beate, daughter o: Slr John 131 he,
Boma Ahlesingb.