Star.
London, England, 1826-02-13 00:00:00

LAW REPORT.

COURT OF CHANCERY—THIS DAY.
fhe LORD CRANCILLOR came down to Lincoln's Inn
Hall this morning, at ten o'clock, and was occupied in
his private room for about half an hour. His Lordship's
appearance clearly bespoke the sevetity of the late
attack. He walked lame, but we are happy to say did
not appear so much so as was expected. On coming
into Court, Mr. MONTAGU rose and brought on di
motion of interest ply to the patties concerned. Tlu
Glamorganshire case occupied the whole of the mora.ng.

VICE CHANCELLOR'S COURT, Pi.. ii.

THORLEY V. BYRNE. EARL OF CRAVIVIRD AND LINDSAY.

VISCOUNT GA RNOCIS WILL. ,
Mr. WRAY appeared for the Attorney General. The
case was a singular one. The Hen. Charles Crawford,
commonly called Etrl of Crawford and Lindsay,
Viscount Garnock, died in the month of February, INS,
leaving a will, dated in the year 1816, by which, after
giving a vast number of legacies to various charitable
purposes, principally for the circulating of the Scrip-
tures, and educating slaves and ignorant persons in
many different parts abroad, his will contained this
clause; ii I direct my executor to take another lease of
the land I now hold in Antigua, of the heir of Clement
Fudway, in the year of 18S5, to liberate all my negro
slaves, after they have been propesly instructed in
various trades, in order to enable them to make a just
use of their freedom ; and after they have all been
taught to read the Bible, and been treated with all the
humanity that reason and justice will allow. If the
lAnd can neither be rented nor purchased but at a most
extravagant price, I mean'that my negroes should be
kept at what is called 'task-work ' nntirtlie year 1833."
The executor was made the plaintiff is this suit; and •
the heir at law of the testator the defendant,
The ATTOINET•OENZEAL) on the part of the Crown,
contended that this was a charitable beeriest to the
negroes of the testator, and therefore asked a reference
to the master, to inquire whether. the charitable ma.
sure could be, and how, carried into effect; and, if it
could not be carried into execution, then to aseer:ain to •
what charitable purpose the property ought to boapplied.
Mr. HEALD and Mr. Rouen. appeared fOr the exe-
cutor, who, of course, was willing to act as the Court
might think fit. His counsel felt it their duty to state,
that the negroes had not yet been informed of the death
of the testator, or of the nature of his will. The testator
seemed to have acted with want of prudence, and the
difficulty was, how the Court could now act with pro.
deuce in carrying the testator's intention into effect.—
The slaves were now employed at task work ; and was
the agent who has the care of them, to let them know
the effect of the will, there would be among them an
instant insurrection, and it would be totally,impossible, •
in their uncultivated state of mind, to keep them in a
state of subordination. Nothing could be more injurious
than to apprise them that they were to be emancipated
in the year 1833, and then also to become entitled to a
legacy among them of 10,0001. to be paid out of the
residue of the testate?: estates. . .
Mr. HART and Mr. DAVI= were Comsat for the heir-at law,
who claimed the whole. He did not think it practicable that thr:
negro., tumid be dealt inch as the will 'seated to direct.
After a gond deal of discussion at the bar,
His HONOUR said, the instructing of the skeet, and
the bequest of the testator to support them, tiniest as
much, and as good a legacy as any other legacy dot -
'Ter or could have been given by the will. L appeased
iirat the testator's Tease of the farm he had held had,
spired in his lifetime, and that it hid not been renewed.
What the Court would do was, to make an order re-
ferring it to the Mas.er to take the missal accounts of •
.the testator's real and' personal estate, aid-of the lega-
cies. To inquire what negroes the testator di:xi possess-
id of, what additions had been made to them by
births, how they had been citcurnstanced and employed,
under whose care and management they were, whether
there were the means in the island of employing them
at task work, and whether by the existing laws of An-
tigua, the legacy with regard to them was a good le-
gacy, and could be alio:red to operate.
... :
COURT OF COMMON PLEAS, haftemw 11.
DON JOSE ANTONIO DE YEISSARI V. W. J. CLEMENT, EMU
In this case a rule had been obtai,ied, calling en the
plaintiff to show cause why the verdict should not bit
set aside and a nonsuit entered, or a new trial granted,
on the ground, first, that Chili was not a State; and
secondly, that the plaintiff could not recover on - this
libel, as he was engaged in illegally attempting to raise
a loan for a foreign country.
The Court now overruled both these objections, but
mentioned a third, namely, that the meaning of t`ie
libel was irt properly stated in the inuendos inserted in
the declaration; and on this ground they thought the
'case ought to go down to a new trial.
The rule for a new trial was accordingly made absolute.