The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1841-12-07 00:00:00

‘IVELN J&J%V

SUDBURY, FaiDAY, DEC. 3.—The official announcement
made yesterday that no further bulletin will be issued whilst
the present favourable symptoms in the Queen Dowager's
condition remain unaltered, will have donbtless, in all parts
of the country, the effect with which it has been attended
here ; and the public solicitude, so painfully excited by tile
intelligence of her majesty's dangerous indisposition, will
now be greatly relieved. Ever since the favourable change
which took place in the state of her majesty's health, a
gradual but unintermitted progress towards improvement has
been visible, but it cannot be expected, even should this
continual course of amelioration still proceed unchecked,
that her majesty's strength, which has been so much re-
duced, will be restored until after the lapse of some time.
Considering the degree of weakness at one time produced by
her disorder, and particularly by the exhausting effects of the
fits of coughing by which the Queen Dowager was attacked,
her recovery, so far as it has yet gone, and the symptoms
exhibited of recovered strength, seem surprising. However,
a change for the better is latterly so manifest, that an ex-
pectation of her majesty's ultimate restoration to the enjoy-
ment of health is now, with more confidence than ever,
entertained by those who have opportunities of seeing her ;
and, of course, no means which human precaution can pro-
vide will be neglected to bring about this desirable result. I
have this morning to repeat the statement it has bee❑ my
pleasing duty to make every morning for several days back,
that the Queen Dowager has passed a good night, and con-
tinues in an improving state.
Every day fresh proof is afforded here of the general
interest felt in the country in reference to the present con-
dition of this angust lady. This village is a very small and
a very quiet one, but a few travellers pass through it daily ;
and invariably the first question they ask is—" How is the
Queen Dowager ?" and when they receive a favourable answer
to their query, they proceed on their journey with visible
satisfaction. lam told, too, that the anxious desire of the
public for her majesty's recovery has been exhibited in some
instances in a rather singular fashion. Large doses of medi-
cine—draughts, pills, and powders—have been sent to Sud-
bury-hall, by individuals residing in different parts of the
country. Each person has forwarded his favourite nostrum
with an urgent request that her majesty might be pleased to
try its virtue. I feel convinced that none of the parties who
have made such liberal presents of their drugs will fail to
participate in the general satisfaction, when they learn that,
though their physic remains untouched, her majesty is
getting better.

COURT OF CHANCERY—THURSDAY, Dsc. 2

BLUNDELL V. GLADSTONE

The bearing of this part-heard case was resumed. The
question arises out of the construction of the will of the late
Mr. Blundell, of Ince Blundell, in Lancashire, who be-
queathed his property to Edward, the second sow of Joseph
Weld, of Lulworth. The name of this second son is Thomas,
that of his elder brother Edward Joseph ; and when the mat-
ter was heard before the Vice-Chancellor, his honour decided
that the testator intended Thomas to take, and that the other
portions of the will left no doubt on the subject. The matter
is now reheard on the claim of Lord Camoys, the heir-at-
law, who alleges that the bequest is void from uncertainty.
Mr. Hodgson cited a great number of authorities, for the
purpose of elucidating his position, that the court would let
in parole testimony in support of the alizged intentions of a
testator, when the contest was as to which of two persons
were meant to take. and there was no ambiguity or obscurity
in the language of the testator. Now it was in evidence that
the testator did not know the name of the second son of Jo-
seph Weld, nor had ever seen him, but, from the language of
the will, and from the limitations of the property, it was clear
that he intended to givit the estates to the second son, and
not to the eldest, and that he intended to exhaust all the
male stocks before he proceeded to the female. The con-
struction attempted on the other side would lead to a totally
different result, and make Lady Stourton the aunt of the
father of Edward Weld, instead of being, as the testator ex-
pressly said, his sister. There was no rule of law that could
outweigh such evidence as the will afforded of the intention
of the testator, nor could any mistake of a name, where the
person to take was so clearly designated, invalidate the will.
The Solicitor-General has alluded to it as a question of parts,
but there were five parts out of six in favour of the title of
the plaintiff, Mr. Thomas Weld. The Vice-Chancellor in
his judgment had declared that the description of Mr. Tho-
mas Weld was so clear in the other parts of the will as to
outweigh all considerations arising from any mistake in the
name at the commencement, and it was unnecessary to re-
mind the court that where the intentions of the testator were
so clearly and decidedly expressed, the mere fact of the
claimant being the heir-at-law could have no effect on the
question to be decided.
Mr. TURNER and Mr. WITHAM appeared for Mr. Edward
Weld, some infants, and other defendants, but having inte-
rests the same as those of the plaintiff. They contended that
it was not probable the testator would pass over the head of
the family of Weld, in favour of the possible issue of Mr.
Edward Joseph Weld, who was unmarried at the commence-
ment of the suit. That the testator intended persons then
living as the objects of his bounty, might be inferred from
the care which he exhibited with regard to very valuable
heirlooms, and which might be injured or spoilt before such
distant devises could take effect. It was also plain that the
testator did not intend that the Blundell estate should ever
be consolidated with that of the family of Weld, or of Lord
Stourton, who married the sister of Mr. Joseph Weld. The
' learned gentleman quoted '• 4 B. and Ad. 67., 1 Ves., and
Bea. 422." and other cases.

Sir W. FOLLETT, in reply, observed that it was now clear
that there was to be no discussion on any doubtful expres-
sion's in Mr. Blundell's will, but that the Court was asked
by the other side to make a new one for him. It was evident
from the wills prepared by Mr. Blundell's direction in the
years 1821, 1827, and 1834, that he perfectly knew the state
of Mr. Weld's family, and the Christian names of its mem-
bers. He should contend that it was the manifest object of
Mr. Blundell to found a family in the second son of Edward
Joseph, the son, and not in the person of Joseph, the father.
There was no evidence that the testator used the name of Ed-
ward for Joseph by mistake in conversation, for the testimo-
ny of Mrs. G. Weld was inadmissible, as it went to show the
intentions of the testator from expressions used by him after
the date and making of his will. He would also contend
that no case had been adduced, or could be adduced, which
tended to show that the Courts would strike out the name of
a devisee accurately described and substitute another. Mr.
Blundell might well intend to create a new family in the per-
son of Edward Joseph's second son, whose name he knew
well, and whom he correctly described as Edward Weld, of
Lulworth, Esq. No incongruity in other parts of the will
would induce the Court to alter the name of the devisee,

whether as to heir-looms or anything else. Mr. Blundell, a
Roman Catholic himself, could never have made his will
under the impossible supposition that Cardinald Weld, elder
brother of Mr. Joseph Weld, would ever have a son. This
was a question of law, and the heir was not to be disinherited
except upon judicial certainty as to the devisee ; and the
Vice-Chancellor was wrong in assuming the description of
Lady Stourton as sister to the intended devisee to be correct,
when, in fact, she was the aunt. The recut of the case was,
that where there was a devisee named, and a description so
accurate that no competition could arise, the Courts would
receive no testimony tending to substitute another person.
Where two persons were accurately described, and the devise
might apply to either, the Courts would receive evidence as
to the party meant, but they had gone no further. The
learned gentleman then commented on the cases cited against
him, which, he said, left the principle untouched, that where
a devisee who could take was clearly pointed out, no evidence
could be received to show the intentions of the testator to
benefit a party different from the one described in the devi-
sing part of the will. He concluded by praying, on the part
of the heir-at-law of Mr. Blundell, that the Court would at
least declare that the plaintiff was not entitled.
The LORD CHANCELLOR intimated in the course of the
day that he could only sit a very short time on Thursday
next, and would therefore take motions on Friday.

UNIVERSITY AND CLERICAL INTELLIGENCE

(From Saturday's Oxford Herald.)
In a congregation holden on Thursday, the following
degrees were conferred :

MASTERS OF ARTS

Robert Henry Bentley, New Inn Hall, Grand Compounder
Rev. George William Cockerel', Queen's College.
Matthew Inglett Brickdale, Student of Christ Church.
William Hughes Hughes, Christ Church.
Rev. Augustus Otway Fitz-Gerald, Balliol College.
BACHELORS OF ARTS.

James PowellMarriot, Balliol College, Grand Compounder.
Edward Levien, Balliol College.
Robert Sumner, Balliol College.
Charles S. P. Parish, Edmund Hall.
Robert Walker, Lincoln College.
Montague Webster, Scholar of Lincoln College.
Alexander Rhind Webster, St. Mary Hall.
Edward Ellis, St. Mary Hall.
William M. E. Milner, Christ Church.
Philip Chabert Kidd, Christ Church.
Joseph Macintosh, Christ Church.
Jacob George Mountain, Postmaster of Merton College.
Archibald N. C. Maclachlan, Exeter College.
James Townend, Oriel College.
John Kitcat, Oriel College.
William Duncan Bathurst, Fellow of New College.
Francis Edward Thurland, New College.
Charles Wilson Heaton, Jesus College.
James Addams, St. John's College.
Thomas Henry Roper, St. John's College.
Thomas Hammond House, Worcester College.
William Thomas Hutchins, Worcester College.
Henry John Torre, University College.
On Wednesday last, Mr. Algernon Bathurst, Scholar of
New College, was admitted actual Fellow of the same.
On Monday last, Messrs. Ralph Robert W. Lingon, BA.,
and Scholar of Trinity College, and Edward Kent Kerslake,
8.A., and Student of Christ Church, were elected Fellows of
Balliol College. Edward Watford, late of the Charter-
house, and Commoner of Balliol, and Edwin Palmer, of the
Charter-house, were elected Scholars of the said Society.
On Wednesday last, Messrs. Robert Price Williams,
8.A., Leonard Charles Wood, 8.A., and John Morgan,
Commoner of Jesus College, were elected Scholars of that
Society.
The Rev. Wm. Darnell, 8.A., of Corpus Christi College.
and Chaplain to the Duke of Buceleuch, has been appointed
to the Perpetual Curacy of Bamburgh, Northumberland ; pa-
trons, Lord Crewe's Trustees.
The Rev. Henry Radcliffe Surtees, 8.A., of St. Mary
Hall, has been licensed, by the Lord Bishop of Worcester,
to the Curacy of Henley in Arden, Warwickshire.

The Rev. Edwin ProCigers, 8.1 i.. of Trinity College, has
been instituted, by the Lord Bishop of Salisbury, to the
Rectory of Upton Lovell, Wilts, void by the cession of the
Rev. John Vaughan ; patron, the Lord Chancellor.
The Rev. Henry Masterman Barlow, 8.A., of Wadham
College, has been licensed to Christ Church, in the parish of
St. Clement, Norwich, on the nomination of the Reverend
Arthur Leighton Irwin, Rector of the said parish.