Star.
London, England, 1821-11-22 00:00:00

THE EARL OF JERSEY V. DEAN.

This cause was ordered by his Honour the Vice-
CHANCEL con, for the purpose of taking the judgment
of the Court upon the legal operations of a fine passed
by the Earl and Countess of Jersey. The question
appeared to be, whether this fine occasioned the for-
feiture
of an estate conveyed to Lady Jersey in her
marriage settlement?
Mr. LYNCH, on a former day, was heard in behalf,
of the noble plaintiff, when he contended, upon va-
rious decisions, that the estate in question could not
be divested by the act of his client.
Mr. Coore, this day argued that the fine operated
as a forfeiture of the estate.

The LORD CIIIEF JUSTICE, after Mr. Lynch had
been heard in reply, intimated that the Judges would
take time to consider their judgment. lie observed,
at the same time, that the case had been well argued
on both sides, and much to the benefit of the clients.
DDE ON DEMISE OF COLE Z!. JOHN FITZGERALD, ESQ.

This was au action of ejectment, sent by the VICE•
CHANCELLOR, to recover possession of certain pre-
mises in the parish of Romsey, in the county of Hants.
It appeared that John Fitzgerald, Esq. deceased,
was seized in fee of the premises in question. They
consisted of two old dwelling-houses, known by the
name of Beauchamp, fronting the turnpike-road in
Romsey; two cottages to the west, and four other
cottages fronting Love-lane, with other premises.—
In 1810 the two cottages were pulled down, and in
August, ISI2, Mr. Fitzgerald began to build a new
dwelling•house on the scite of the two cottages. On
the 17th of November, 1812, be made his will, and
devised as follows : 1 give and devise my dwell-
ing-house and premises at Romsey unto Elizabeth
Cole, of Romsey, for and during her natural life, and
after her death I give and devise the said dwelling-
house, garden, and premises, to her son, George Fitz-
gerald Cole, now an infant, who was baptized in the
parish of St. Giles in•the Fields, in the county of
Middlesex, to hold the same premises to the use of
himself and heirs for ever ; but in case the said Geo.
Fitzgerald Cole shall depart this life under age, and
without issue, I direct the said dwelling-house, gar-
den, and premises shall become a part of the residue
of my estate and effects: The testator also gave
Mrs. Cole all his furniture and effects. llis estates at
IVexford and Waterford, in Ireland, he gave to John
Turner and John Purcell, his heirs. Mrs. Cole had
cohabited many years with the testator, and George
Fitzgerald Cole was her son by the testator, who
died without revoking his will. Before his death he
• moved out of the old dwelling-house, called Beau-
' champ, to the new house he had built upon the scite
of the two cottages, and the question was raised,
whether the devisee took the whole of the testator's
property at Romsey under the words house, garden,
and remises, used in the will? Or only a part thereof,
consisting of the old dwelling-house, and ground
adjoining, without the new house, cottages, and other
premises. The question came in the shape of a special
case before the Court.

Mr. DENMAN, as Counsel for Mrs. Cole, contended
that the wholeof the testator's property at Romsey
passed under this devise, and that it was his intention
to give her all his property at Romsey.
Mr. ADAM, on the other side, argued that the lessor
of the plaintiff was not entitled under the will to pos-
sess the new house and cottages,which were to be con-
sidered re.iduary property.
The Coua? were clearly of opinion that all the
testaior's property at Romsey passed'under this devise,
and gave judgment for Mrs. Cole, who will conse-
quently be admitted to possession of the whole estate.