Star.
London, England, 1827-09-17 00:00:00

SUMMER ASSIZES.

LANCASTER, Sgrrnsin U.
Mr..Tustice BATLEY, who had been latterly assisting
Mr. Baron Hott.oce, by taking some of the Nisi Prima
causes, set out for London ibis mornings his Lordship
got through the calendar on Monday, and eras called
away for the performance of other dgties.
DOE, ON THE DEMISE OP MRS. nutcerrr AND OTHER;
AGAINST LORD GEOEOR HENRY CAVENDISH.
Mr. ALDERSON opened she pleadings. and Mr. Pot..
LocemaiEl, that Mrs. Plunkett and Mrs. Madwoman were

the real plaintiffs is this action, although there wore
many demise' of other parties, who, however, were
merely trustees. The estate sought, Holker Hall, at
Cartmel, was of very considerable value, and was in
the possession of Lard George Cavendish. The Ladies
founded their claim as the co-heiresses of Sir William
Lowther, who died in 1756, seized in fee, leaving a
will, by which, after various limitations, he finally de-
vised the estate to the use of his own right heirs for ever.
Sir William, who had married a Lady of the noble
house of case.adish, died withclet issue, and devised the
estate to the Rake of Degonshire fisd Lord Ilaringtnn,
to the nee of his own squs in tail, if he should have any;
and in dekult•of issue, he devised it to the use of his'
wife, Catherine Lowther, for 14, and after her demeit
to the use of trustees for a (elm of 200 years, to secure,
an annuity to a Mrs. Humby, and subject thereto an
the use of Lord George Cavendish, the second son Ai
the then Duke of Devonshire, for life, with remainderl
to trustees, to preserve contingent remainders, with elt-
mainder to.the sons of Lord George Cavendish, in tail
in strict settlement ; and in case Lord George Cateenclitb
died without issue, there were Annaar uses is Wove of
Lord Frederick Cavendish, the third, and Lord John
Cavendish, the younger son of the Duke of Devonshire;
and on failure of their heirs, then to the use of his
own right heirs. Mr,. Catherine Lowther died in
1764; Lord George Cavendish then took possession,
and, died without issue in 1794 ; and Lords John
Cavendish and Frederick Cavendish also died with-
out issue, the latter dying in 1803. Thus all the
limitations in the will were spent, and-the remain-
ing use, for the testator's right heirs, came in force.
Mrs. Plunkett, one of the claimants, was married dur-
ing her minority; her husband died in 1816. An entry
and claim was made on the 29th September, 1823,
with 20 years after the death of Lord Frederick Caven-
dish ; and in September, 1824, the ejectment' were
served. The plaintiffs had no time to spare, but they
were within time. The Jury would see the pedigree by
which it was proposed to show that these Ladies were
the right heirs of Sir Wm. Lowther. There had been
much expense in making out the proofs, although some
of the difficulties that might have occurred in obscure
families were removed in consequence of the rank of
the parties; and he should. by entries in the Herald:
Office, administrations, wills.und copies of monumental
inscriptions, be able to provenhe pedigree. When he
had done this, he would leave it to the defendant to
show his title to possessson. He had been told that
many years ago some recovery had been suffered; and if
so, the action would try the validity of that recovery;
George Bevitt, examined by Mr. Sergeant JoNsa,
produced the will of Sir Wm. Lowther. The deaths,
without issue, of Lords Frederick, John, and George
Cavendish, were admitted. The entry, on the 29. h of,
September, 1823, was proved; and the service of a de•
claration in ejectment upon Lord George Cavendish,
by Mr. Milburn, the attorney, on the 21st of Sept. 1824,
was also proved; but on examination, the ejectment'
served upon the tenants were discovered to have been'
served on the 29th of Sept. 1824, being a day too late,
as they should have been served within the year after
the entry was made. The action, therefore, proceeded
for the house and premises in the occupation of the de-
fenclata only, which was about one-fifth part of the estate.
Edward Bigland, an old man of 85, was at Sir
liam Lowther s funeral, and proved that up to his death
he was in possession of Holker Hall, where he died.
A vast quantity of evidence, chiefly documentary,
which occupied the Court a very long time, was then
produced, to show that Mrs. Plunkett and Mrs. Bu-
channan were the right heirs of Sir William Lowther.
After a great many objections by Mr. BaououAM,
Mr. Baron Hum.ocs was of opinion that the pedigree
was made out. It proved that the two ladies were the
right heirs, es parte paterna, of Sir William Lowther.
Mr. Baouanam, for the defendant, said that Dame
Catherine Lowther died in 1764; and two years after
that, in the 6th of Geo.lll. a recovery was suffered, in
which Lord John Cavendish was voucher, and by the
deed to lead the uses of that recovery, au estate its tee