Star.
London, England, 1818-11-28 00:00:00

INTELLIa

,NCELLOR'S COURT, NOVEMBER 27.
LEDGE V. MOILL.
arose from a clause la the Will of Miss
sgill. Sir Charles Asgill, on his marriage,
10,000 upon his-Lady during her life, which
her death, was to be divided, share and
, among their children. After his death,
the life-time of Lady Asgill, Miss blarriet
and by her last Will, written by herself,
expressed, any litigation, she arranged
which she bequeathed to her brother,
sisters, without specifying the share to
was entitled by virtue of the settlement.
annexed to the Will she observed " if

remains unemployed, I leave it for cha-
. dopbt, therefore, occurred, whether the
r:2,500, to which she was entitled, after the
- mother, was intended for this purpose.
for the plaintiff, stated the parties of
perfectly amicable, wished only for a
The context of the Will proved that she
the time of writing the Will, that all her
bC2:I bequeathed, and that in the codicil
considered my small sum which might

for the defendant, argued, that this co-
t bind the executors to expend £2500
it was evident that the testatrix had no
view.
(1 A KCELLOIR observed, that the question
le clause of the Will, wherein the testa-
that whatever money was unemployed,
ten for charity. By the use of the' word
Will, the meaning of the word in the
be ascertained. In her Will she be-
property, and spoke of it under the
y ; the Will, therefore, should be obeyed,
the Solicitor. General, who was entitled
- of it, would take care to apply to the
purpose. The costs of the present applica-
be taken from the residuary estate.
LADY TEMPEST V. ORD.
stated, that' in this case there were two
presented to the Court ; one for the confir-
of Master's Report, relative to the sum
to be allowed as .an annual salary to
on account of the arduous duties he
perform as Manager of the Collieries : and
.Ahich prayed that the Court should order
to be paid to the assignees of Mr. Mow-
account of bills which he had advanced for
• the assignees considering it proper that
paid off. The bills were not paid,
, to be delivered up ; and on the part
Ignees he contended, that the balance due
forthwith appliel for the liquidation of his
had been only one doubt, as he was'
the subject, which was, that Lady
Tempest had said that she had paid cer-
proportions of the outstanding bills; and the mo-
- for the Report being confirmed, stood
_ an opportunity to the other side of
affidavit on that subject.
:E-CHANCELLOR thought an order had been
. on that point.
admitted this, but the Court understood
open to any objection that Mr. Hart
!need to make ; and he should be, there-
4py now to hear what that objection was,
existed.
'was of opinion, that the duty of op-.
aster's Report ought to have fallen on
friend to the infant, but as that friend
it, he would on behalf of his client ob-
were objections before the Master on
he was surprised how he got over
,ate Sir Henry Vane Tempest employed
as his agent in the collieries, and al-
. a salary of 1:300 per annum, which
afterwards increased to 4:'500 to the satisfaction
After the death of Sir Henry Vane Tern-
Court had taken the protection of his pro-
was referred to the Master, to enquire
per person to superintend the collieries,
agreed to appoint Mr. Mowbray. It
iggested to allow Mr. Mowbray double
uch he received from Sir H. V. Tempest,
• agreed to, it was submitted to the Mas-
more per annum should be allowed.
he could not see the reasons which
luet tt such an appointment, except it was
i t, prevent the infant from growing too
• her minority.

. declared he was totally unprepared to
facts, and he thought that a cross petition
presented. He submitted to the Court
the usual course.

,:HANCELLOR considered it to be so, and
petition should be presented.
hoped Lady Antrim would not be put
e of doing so, as it should be recollected
the nearest of kin, but had solely come
a determination that it would-be highly
tier to shrink from her duty in protect-
property of her child. He appeared as Coon-
her, and. felt she hat done right in thus
forward. The Court ought also to recollect,
Mowbray was quite contented with the sa-
'• paid him during Sir Harry Vane Tem-
id the duties he had now to perform
Perhaps he ought to go further, and
only were the duties of the office not so
justify' this increase of salary, but in,
much diminished. When he received
had to discharge also the duties of a
the estates, but that office was taken'
ail
. assigned to another person by the or-
Court. Were, therefore, this Report ,
, be confirmed, Lady Emily Vane Tem..'
compelled to pay £1,600 annually for'
t done in the life-time of her father for.
new Receiver had 12600-allowed him:
Such was the case, and in such a si-4
ings he did not conceive the Court would.
Report, nor give the 4:1,000, the duties
being now less, instead of being what!
formerly in Sir Harry's life time.
7ELLOR.-" We must look at this case,
respectable names concerned were not con-
,ll it. It was referred to the Master what
`could be made to the manager. He fixes
£l,OOO. The next relation does not
allowance; but the defendant says;

.
. ' : •.. . ..
L.
1 .
1 VICE-CHAN
[ 111
This case ar
Harriet Asgill.
settled 4:10,00
sum, after her
‘; ' •• share alike, ar
.1 . and during the
Asgill died, an
11 1 to avoid, as it
li
her property, s
mother, and si
. , fwhich Or was
'! I ; In a codicil at
I f any money ren
4 .
1 41 rity.". A doe
. ' "sum of £€3,500
• i death of her m
Mr. BELL, fl
, ,!
this suit, being
decision. The
supposed, at th
property had h
she only consi
• ,
remain.
Mr. HART, f
c i 1:
dicil could not
in charity, for i
.1'
such object in 1
The VICE- CI
rested upon the
trir declared, tl
should be give'
money in the
codicil could t
S, queathed her j;
1. name of money
4 and this snm tl
to an account o
destined purpos
it tion were to be
!•I . 1
Mr. BELL .st:
petitions preser
1/
• .'1
• -minion of the
I 'which ought cc
Mr. Mowbray,-
had to perform
the other, *hid
certain sums to
bray, on accout
the Collieries, tl
they should be
but were ready
1. 1 of the assignees
etould be forthl
debts. There
•I: jk, , t istructed, on
Emily Vane Te
fain proportions
•
tion, therefore,
11 over to afford
. making an of is
The VICE-Ct
formerly made
• .
10 Mr. Bela. ad
the case lay of
might be induo
fore, very happ;
1 if any at all nil
Mr. HART -W
posing the Mas
1 the nearest frier
had not done it,
11 ject. There wi
this head, and
them. The late
1 Mr. Mowbray
lowed to him ;
• . • was afterwards
of both. After
•
pest, the Court
perry, and it we
f" who was a prof:
when it was al
ii..,i' was then sugg
the sum which .
which being ag
ter, why £5OO
For his part, I
could influence
f e determined to
S . rich.during het
i: Mr. BELL de
meet such facts
ought to be pre
that this was th
The VICE-CE
ll
, that such a peti
Mr. Haar h
i..
to the expense e
she was nut the
forward from a
improper in liei
ing the propert
sel for her, at
1 !: coming forware
; .. that Mr. Mosel:
Lary of £5OO p
pest's life, and
were the same.
say, that not or
• .., extended as to,
• fact they were i
the £5OO, he li
Receiver for t
• , I from him, and
der of the Col
the Mester to b
. : pest would be c
,
'S t . what had been
500, as the n
. by the Court.
tuition of thing
• sanction this Re
I '', of the office bei
. ey were form
VICE-CIIANC!
. I . as if the respec
rested with it,
i• ~ allowance show.
Ll:e salary at 1.:
I e.::,,zct to this
cl:1211/111111111.111111
.. .