Star.
London, England, 1821-07-28 00:00:00

FASHIOYABLE MOVEMENTS.

The Duke of Noarrnx left town this day for his seat, Forn-
hmt, Suffolk.
The Earl and Countess of Suarr.v left town this day on a
visit to Mr. sold Mrs. Groans 1:1%,n, at their s. ct, Wrothaßl
nal:, for a few days, on th:ir u•ay to their seLt, 'Worksop
Miewor, lsrotts.
'The Marluis of Lausomvx left town yesterday for his seat,
Lowood Wilts.
'flit. Cot:mess arid Ladies ASHRURNITAM left town this day
for their seat, Athiturrhani-place. l'r the Fra,on.
Lord and Lady MILTON have left town for Wentworth House,
Yorkshire.
The Earl of BRIDGEWATER has left town f..r his seat, Ash.
rid4e, Herts.
Rev. WILLIAM and Mrs. GERT:IER and family have left town
for their seat, Iliol;,.‘lniry, Hants.
Lord and Lady lANoronn an family left town yesterday for
• their seat lit Writs, tor the s,..Foit.
Colonel and bliss 11*I.LA yesterday at the St. James's
!foal, Jermyn-st met, front :h7i7 seat in Herts.
The Marquis and Marcili is of Peeu.ry ...ad family left
town this day, for their seat in S.:Ott:w.f.
Lord a::d Lady JAMES li.sv and family left town on Thurs-
day, for their seat in S.-titian:l.
bird and Lady GIZANVIATI and family lcft town on Thursday
for their seat in the Isle of V:iot, for the se :s.m.
Departures from lieddi di's Hotel, deriuya-street :--The
llisho? of Ossouv atid the Hon. Mr. I:OwLei for Irel...nd ; the
lion. G. VaI:GUANI Mr. TNI,;,IfiLSON and family for hr...nt ; and
Mr. and Mrs. Et.t.a.emt for diti.o.

A2WIIES COURT, JULY 27.

DUCKETT AND DUCKkaT AGAINST CLARKS.

Sir Jon N NICUOLL gave sentence in this matter to-
day. Ile observed, that this was a snit for subtrac-
tion of legacy, brought by Mr. and Mrs. Duckett,
against Mr. J. Clarke, as surviving Executor of An-
thony Clarke, deceased. (Tile question at issue turned
upon the liability of an Executor to pay legacies after
the alleged satisfaction of such legacies by other be.
quests, either of the testator or of his repre.entatives).
Mr. Anthony Clarke died in the year 179(i, having
by his will appointed as hi Executors, his brother,
Mr. W. Clarke, and his nephew, Mr. J. Chu It:, both
of whom took probate of it. Mr. \V. Clarke' the
brother, died in 1819; Mr. J. Clat ke survived him,
and was the patty against whom the pre,ent suit
was brought. Mr. Anthony Choke, by hi, will left
to his niece Sophia, the daughter of William Clat ke,
a legacy of .1.20, to be paid to her upon her attaining
the age of twenty-one ye:11-s. This Lady (now be-
come Mrs. Duckett by marriage) was the ()diet party
in this suit. She became of age in March, 1802; but
continued to live in her fatliei's house till the period
of his death, in 1819, dining which time she was
maintained by him, occasiomdly teoeiviiig from him
little donations, of nioaey and' other arti-
cles. That the legacy of 1:2:/ was loft her by the will
of her uncle, and that it was due on Lis death, were
not at all n.atters of dispate. It appeared, however,
that though the La iv herself had reveAtedly urged
her father, Mr. W. Clarlte, to pay it to her, she had
never succLeded in inducing him to do so. He al-
way s told her that it would be better to wait till his
(Mr. W. Clarke's) death. That event having taken
place, the defense set up by Mr. 3. ke (the co-
executor of Mr. Anthony Clarke) against this suit
for subtraction of the legacy was—first, payment
during the life of Mr. W. Clarke; and, secondly,
satisfaction of the same by that Gentleman's
Now, where payment was set up, it was necessary
that it should be proved. But here there was no at-
tempt to prove ally specific payment, either by a le-
gacy receipt, or a common receipt, or any other do-
cument whatever. Then it was contended, that the
Court must presume payment from the mere lapse of
time ; and that the Court did nit countenance any
stale demands. It was very true, that the lapse of
time, unaccompanied by circumstances that suffi-
ciently explained and accounted for it, would be
good ground of objection. But the evidence in this
case was decisive, as to the reiterated requests of the
party to her father, that the legacy bequeathed her
by her uncle might be paid; and she was not to
suffer because of his having delayed to do so down
to the day of his death. Under all the circumstances
of this case, the Court could not presume payment,
from the lapse of time therefore. Then, as to the
ground of satisfaction by reason of tie presents made
to Mrs. Duckett by her father during his life-time, it
would be very difficult to suppose that he could ever
have meant either those little kindnesses, or the charge
of her maintenance—a maintenance forniog part of
the natural duty of a father—to be taken as a set-off
against the legacy which he, as his brother's Execu-
tor, was bound to pay to her. The third, and a more
important wound of defence, was the tact of W.
Clarke's having bequeathed this daughter a legacy of
1:2300 undn his will. Now, in looking into the re-
ported cases upon the point of satisfaction (the Learned
Judge observed), he found that the Courts had, of
late years, a good deal changed the leaping which
they once manifested. In the older ewes, where it
happened that a debtor had left :o a creditor a le-
gacy, the Courts used to rule that that should be
taken in satisfaction of the debt ; and the; proceeded
on the presumption, that in such cases the testator
was not likely to be generous as well as just. In
more recent cases, however, the leaning had been
the other way ; so much so, indeed, that of late years
Courts had been rather astute in finding out grounds
for taking such legacies out of the old rule, and in
endeavouring to shew that the intentions of the testa-
tor were independent of the debt. The Lear nod Judge
then cited the cases of Radcliffe v. Michoff (1 Brown,
129); Seed and Blackford (I \'esey), and M•Dowell
and Halfpenny (2 Vernon); and after a minute com-
parison of these with the matter of the present suit,
he concluded by declaring his opinion, that, upon the
whole of this case, the legacy in question was still
due, and, therefore, that he was bound to pronounce
for it, with interest and costs.

Thursday night, some persons broke open a chest,
which was deposited in a room at the Flower Pot, in
Brick-lane, from whence they took an elegant em•
broidered flag, which was wove in honour of her
MAJESTY, having various emblematical devices on
it, and the Royal Aims in the centre. It was to have
been used soon by the Deputation going to present
her MAJESTY with a dress of elegantly wrought silk.
HAYMARKET THEATRE.—The Comedy of Ride 4
Icile and Have a Wife was pei formed last night with
..
great effect. The amusing builesque entertainment
of Bonthastes Furio.Fo succeeded, and the Village Law-
yer, which concluded the entertainments, excited, as
it usually does, Unbounded merriment. The Theatre
was crowded with gentecl company.