Star.
London, England, 1827-06-29 00:00:00

LAW INTELLIGENCIL
VICE-CHANCELLOR'S COURT, Jens U.
LUSHINOTON R. SIWRLL.
In this case, which has been segued at great length
before his amour, the plaintiff, Lady Leshington, filed
a bill with a view to determine the rights of parties un-
der the will of the late Mr. Lewis, a wealthy West India
planter, whose" estates lay in'the Island of Jamaica.—
Tht Testator left, by his will, the whole of his real and
personal estates to his two sisters, Lady Lushlngton and
Mrs. Sheddon. To the former he willed his estate,
called Cornwall, situated in the above island, for her
life, and after her demise eo her children, subject, how-
ever, to a mortgage of 24,0001. and to the latter, his
younger sister, Mrs. Sheddon, he left the moiety of ano-
ther estate, called cflordley, situated also in Jamaica,
and at her death to her children. Both Ladles were
made joint residuary legatees, of his personal property,
and the estates to which Obey were separately entitled
were subjected to an annuity of 1,0001. a year, payable
to the testator's mother. By a codicil attached to the
will, it was directed that the persons who should suc-
ceed to the inheritance of the testator's estates mast
reside upon them for three months in every year, with
a view to the protection of the [regrets on the estates,
and the amelioration of their condition, the testator ho'
inanely wishing that his negroes should not be sub-
jected to the power of an attorney. If • woman were
to inherit, then the testator directed that she must either
go herself to reside upon the estate, or send her hus-
band, child, or some other relative to represent her,'
unless in case of dangerous illness, rebellion in the
island, or some unforeseen event. The testator di-
rected further, that this condition should be fulfilled
in one year from his demise; but if this com-
pliance were neglected or prevented, the condition
muse be fulfilled in the year following; and if three
years elapsed without the condition being •complied
with, then the estate should be forfeited to the neat heir
who was willing to comply with the said condition;
and if no person could be found to take the estates
according to the terms of the codicil, they were to be
held in trust by the Lord Chancellor for the time being,
until an heir was found willing to comply with the tes-
tator's wish ; and, in order that in the mean while the
negroes should be protected and taken care of, the tes-
tator empowered the Lord Chancellor to appoint a
proper person to live on the plantations, with a view
personally to superintend the condition of the sliseatt
and the testator expressed a hope that " no base gawk
quibble, or technical objection should defeat his inten-
tions;" and if, unfortunately, such should be the fact,
and any person held the property without performing
the conditions stated, then, the testator went to say,
" such person should be branded as a robber," and be
" hoped that the estates would never prosper in the
hands of him or her, or in those of the children of such
person." The testator added, that be was the more
anxious to express his determination onthis point, having
heard from a lawyer that it was probable his intention
would be defeated by some legal objection, which hap-
pened to be exactly the case; for both Lady Lushington
and her sister, on -the death of the testator, objected to
comply with the desire expressed in the will, which, in
fact, was void in law, because it imposed conditions by
which a perpetuity could not be bound.
The Vaca-CHANCELLOR having at great length heard
the statements of the several Counsel engaged in the
cause for vat iotas parties interested in its result, said that
he did not think he was called upon at present to offer•
any observations with respect cache condition in the will
to which the attention of the Court had been drawn, ne.
question having been raised upon it; and it would be
time enough to consider its validity when the estates
were claimed under that condition. With respect to
the other parts of the case, viz. the respective right of
the parties inheriting ander the will, his Honour said be
should give judgment when he had read over thepapers
co .nected with them.
COURT OF KING'S BENCH, has sta.
THE MOO V. JONES.
Mr. GURNEY sheared cause against a Rule Nisi, ob-
tained by the Attorney-General on behalf of the Com-
missioners of the Insolvent Debtors Court, for a crimi-
nal information against the defendant, who is the
Marshal of the King's Bench prison, for a libel in
a paragraph written by the defendant, entitled—" Ob.,
&creations on the Insolvent Debtors' Act, miscalled
an Act for the Relief of Insolvent Debtors." The libel
accused the Commissioners of sanctioning the officers of
the Court in taking exorbitant fees. Mr. Gurney said,
that the information which had induced his client to
write the libel had been given to the defendant by a
person who had for many years practised as an agent
an the Ins, leent Debtors Court, and from the opportu-
nities for observation enjoyed by that person, his client
had been induced to believe that what he bad been told
was true, although he had since found the contrary was,
the case. He was therefore desirous to acknowledge tbat
the charges be had made against the Commissioners
were totally without real foundation, and to espress his
regret that he had ever made them. He had not been
influenced by any motive of disparaging the Cesisnais-
sioners, with two of whom he had been on intimate
terms for the last twenty years, but had been entirely
misled by the information he had received. No corn-
plaint of the pamphlet had been made before the notice
of application to the Cour t. Had there been any,he would
have earlier made inquiries into the truth of the statement
that had misled him, and be would have stopped the
sale of the pamphlet, which, however, he did immedi-
rely that he became acquainted with the true nature
of the account he had received. Mr. Gurney hoped
that the Attorney-General would, after this full acknow-
ledgment and apology, consider that the object of the
Commissioners had been obtained, and that he would
consent to let the rule be discharged upon his client's
paying the costs.
The ATTORNST•GENERAL said that the only object of
the Commissioners was the vindication of their honour.
They would have passed over the imputations cast upon
them and their officers, as slanders unworthy of their
notice, if they had not proceeded from a Gentleman of
the defendant's respectability •and situation. It gave
him, the Attorney-General, personally great pleasure,
as a friend of Mr. Jones, to say that, after the handsome
manner in which Mr. Gurney had come forward, the
defendant had, in his opinion, sufficiently atoned for the
error into which be had been misled; and be was sure
the Commissioners would be much more satisfied with
the apology that had been so properly made, than with,
any result that might have attended the prosecution.
Rule for the information discharged, on payment of
costs by the defendant.
Tut KING AOAINST JOHAN BIRNANDO DA ROTCHA.
The defendant, who was found guilty on his trial at
Guildhall, before Lord Teitterden, so long ago as ati
the sittings after Trinity Term, 1825, upon a criminal