Star.
London, England, 1826-11-24 00:00:00

PREROGATIVE COURT, 'No% 25.

IN ma eases as' sra aims mom
The order made by Sir C. Roan/sou last Court-day,
by which administration was decreed to cettaih creditors .
of the deceased, the next of kin being abroad, was roo.
dified by the Court sd far as to require *lt security
should be given by the creditors, on behalf of the In-
terests of Ye absent party.
IN TIM GOODS Or arit.traw airuyasing.
This was rather a singular case. The swoon was
fnr the Court to decree probate of the will, of the de-
cceved, with a codicil annexed.
Dr. JILN N IR, on behalf of Mt. Rose, who had married
daughter of the testator, moved that certain words,
which bad crept into the codicil, not in the handwriting
of the deceased, and which conveyed a serious hairy,
tation upon Mr. Rose, should be expunged. The words
were that his client had 4d feloniously got a bond out of
my house." Mr. Rose, in right of his wife, took an
equal share of the deceased's esats with his other chil-
dren ; the removal of these words would, therefore, be
productive of no ill consequences.
Sir JOHN NICROLL was not aware that the Court had
ever exercised such an authority as that required, which
he had held, in a case of a similar nature, to be out of
its power to exert. There was some doubt, however,
whether the paper in question was a codicil at all. It
did not import to be a codicil ; it was not signed or
dated ; and it expressed only the substance of what the
testator wished to be done, and which appeared to have
been introduced, by iaterlineation, into the will. The
paper was not a codicil, unless it contained some addi-
tional provisions.
Dr. LUSHINOTON, for the other party, observed that
there were proceedings pending in the Court of Chan-
cery respecting the recovery of this identical bond ; and
considerable reliance was placed upon this codicil (the
contents of which did not appear to be precisely the
same as the will) for success in that cause.
The Comm suggested that the motion might be
framed so as to prevent this paper being registered with
the will, which would have nearly the same effect as
expunging the words ; but directed that the motion
should stand over, in order that the Counsel might be
prepared to argue the point whether the paper was a
codicil, or a draught of what had been subsequently in-
troduced into the will itself?
IN Tar 00004 Or 1. S. D. CAVALSO.
Dr. LUSSINGTON moved the Court to decree adminis-
tration to the widow in this case. The testator was a
Portuguese, who died in the island of Madeira, possessed
of property in the English funds, leaving a widow and
children. By his will he appointed two natives of
Portugal his executors, both of whom died in the tes-
tator's life-time. Probate was granted by the authori-1
ties at Madeira to the widow, as executrix; but her
name was not mentioned as:such'in the paper. She had
been, however, sworn as execUoix,.and the officer at
Madeira had stated that she was entitled to distribution,
according to tie law of Portugal, which, moreover,
provided, that where a testator left a widow and chil-
dren, half of the effects belonged to the widow, and two
thirds of the other moiety to the children; so that the
widow was entitled, as residuary legatee for life, to the
other third. His application was, that the Court would
decree administration to the.widOsit on the usual security.

The Cocas thought there was ne dillitulty in granting adminte,
tration to the widow, with will annexed.

KAMM AOAIiST 144114 T.
This was a motion in peonage. The Hon. and Rev.
Dawson Massey died in the month of July, 1825, a
bachelor' leaving several brothers and sisters, his next
of kin. He left a paper, dated on the Midsummer-day
preceding, written chiefly by a friend of Mr. Massey,
but partly by himself, by which he bequeathed the bulk i
of his personal effects, which consisted of kis share ofl
47,0001. left to the family by the late Lord Massey,'
(amounting to about 7,0001.) exclusively to his eldest
brother, the present Lord.
pr. IaWININOTON meved that the Court would pro.'
trounce for this paper, as the willof the deceased. There
was no opposition to it.
The Cower observed that the paper was not signed •
but its provisions werein conformity with the declare-
tion'of the deceased to his friends bef9re his death,
namely, that he wished his .brother, Lord Massey, to
have his estate, conceiving that it was desirable that it
should go back to the elder branch, rather than be dis-
tributed amongst his brothers and sisters. At the time
of his death the deceased, who was a Clergyman, was
suffering under a good deal of religious depression; but
the-state of his mind was not such as to constitute any
thing' like insisnity, though it might be verging towards
it, nor to Affect the disposal of his property. Under
such circumstances, and as no opposition was offered,
he should pronounce for the paper.

Tunas, Novamara 11.—On the 7th of this month
their kitrorrias accompanied by the Count de GSM'S, Minister
.l'Stott, lad 'Cc:amender in Chief of the Royal Navy, with his
Star, embarked PI based the Maria Theresa, with a numerous suite
of Olken of the Court, and Ladies of the Qintex some of whom
went oo board the other vessels of the' squadron, the Christina
frigate and Triton corvette. As soon as their MAJISTI2II were on
board, the division sailed for Nice. Their Marzsztzs landed the
followhig Morning at Villa Franca, and proceeded by land to Nice,
where they arrived in the afternoon, and were received in the most
mithedastic manner by the inhabitants. .
At an eerly hour Wednesday morning, a coach-house,
belonging to Mr. Gibson, of Hanger lane, Tottenham,
was broken open, and two valuable horses, which had
been turned loose into it for this night, were stolen.—
, Some robbers broke into the house of J. Price, Eici. of
Somerset-street,. Portman-square, on Friday last, and
stole 2941. in notes, cash, and Bank bills, besides a great
deal of valuable property.
It may Le not amiss to remind Postmasters, that the
offence of detaining newspapers amounts to a misde-
meanour, and is punishable by fine, dismission, and im-
prisonment : and that wherever a case can be proved
lagainst any individual, the Postmaster General will im-
mediately. direct a prosecution against the parties.
An unfortunate man, named John Shea, was shot
dead by John O'Donnell, a police constable, on Tuesday
morning, while endeavouring to quell a tint at Clona-
kilty, county of Cork.—Dublin Morning Ilegiater.
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4)0,14A I NTFg..I4MICE:
GUILDHALL
Mr. Fred*Ck Stockdale, the author of a splendid work, entitled,l
•‘! Excursion's through Cornwall," was charged with illegally pawn.
Its two volumes of" Port, alts of the &Wilt Poets."
Mr. Walker, of Gray's Inn, the proprietor of the latter work,
stated that he was Itt treaty with the defendant to compile a Cata-
lina of Planres in England, when he offered his interest among
the Nobility In disposing.of the British Poets, and he gave him two
altunes as a spegimen, in March, 1825, and he never beard of him
again` till he ass* by the Newspapers he had pledged the volumes,
and summoned the pawnbroker 'respecting them.
The defendant replied, he had left a copy of the " Excursions"
with Mr, Walker, whose wife being pleased with It, he said," Keep
my book and I'll yours."
Sir Pace Latime deemed this an exchange, and dismissed the
charge.
• Mr. StrokeeLer, a grocer, in Fore-street, appeared to answer the
complaint of a Mr. Draper; for selling him bibs. of spurious sub-
stance for. isinglass. The article was in reality, though fair in ap-
pearance, composed of sheepe gut, and of course insoluble in boil-
ing, and threw out a stinking odour as soon as hot water was
thrown upcin it. -
Mr. &robecker contended that Mr. Draper examined the article
enough to be bound by the bargain he made, and that as he (defend-
ant) bought it for isinglass he had a right to sell it as such.
Sir Perna Lausix said, he ought to refund the money ; as,
however, it •was not dangerous to health, he would not held him
to bail._ _