The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1841-04-02 00:00:00

ing date the 28th of Nov. 1835, devised, large real estates to
trustees upon trust to, permit the .second son of Edward
Weld, of Luiwortll,,Esq., to .take the same for life, without
impeachment of waste, and after his decease, upon trust for
the first and other sons of the said second son of Edward
Weld, severally and successively in tail male ; and in default
of such issue upon trust for the, third and every other son
(except -the eldest), of the said Edward Weld in tail male ;
and for default of such issue, upon trust for the first and other
sons of each brother (except the eldest brother) of the said
Edward Weld, severally and _successively in tail male.; and
and in default of such issue upon trust for the second and
other sons (except the eldest) of Lady Stourton, wife of
William Lord Stourton, one of the sisters of the said Edward
Weld, in tail male. At the date of the will, and at the death
of the testator, it appears there was no person in being named
Edward Weld, the then owner of Lulworth was Joseph
Weld. This bill was filed by Thomas, the second son of
Joseph Weld, of Lulworth, submitting to the court that by
Edward. Weld, " of" Lulworth, the testator intended the
then owner of Lulworth, but had by mistake used in describ-
ing him the name of " Edward' for " Joseph" ; and that
this construction was clearly proved to be the true and only
one by the reference which was made in the will to Lady
•Stourton, as " the wife of William Lord Stourton and sister
of Edward Weld," Lady Stourton not dhaving been married
until long after the death of Edward Weld.
Counsel having been heard in support of the claims of
various parties,
The VICE-CHANCELLOR said this case appeared to him to
be a very simple one.. He had listened and looked through
all the cases which had been cited, and it really appeared
to him that this case came within the rule to be found in the
case of " Miller v. Travers." in Bth Bingham, and without
adverting to what was said in the case of " Doe v. Hiscock,"
sth Messon and Welsby, he considered this case might be
decided with the greatest facility. The sole question here
was, who was the person described in the will as Edward
Weld, of Lulwortb, Esq.? And, for the purpose of deter-
mining that question, he would advert to the only evidence
which could be properly given, or received—namely, the evi-
dence showing the state of the family of Weld at that time.
His honour entirely rejected all that was said as to what the
testator knew of the family, and what was his intention ; all
his honour had, however, to do was, to look at what was the
state of the family of Weld at the time, and then to collect
what it was the testator intended by his will. His honour
then found, that Joseph Weld, the present owner of Lul-
worth. had an eldest brother living, Thomas Weld, and
another .brother, Edward, who, in 1796, became a priest,
baying taken holy orders in the Romish church, and who died
at the age of 21. Joseph Weld had also two sons, of whom
the present plaintiff, Thomas Weld, was one; and he had
also a sister—namely, Lord Stourton. This being so, his
honour must look atthe whole of the will, and not at one line
of it alone, but at every part of it. That his honour took to
be the true and legitimate rule of construction when the ques-
tions to be solved were who were the persons to take, what
was the thing to be taken, and what was the quantity of in-.
terest in the thing to be taken ? The court, therefore, on
looking at all the parts of the will, was only following the
rule laid down in the case of " Miller v. Travers," wherein
the Chief Justice says that the intention of the testator is to
be collected from the words he has made use of in the will,
and not by words he has not made use of. First, then, look-
ing at the language the testator had used in his will, he found
these words, " First, to permit the second son of Edward
Weld, of Lulworth, to take the same (the real estates) for
life without impeachment of' waste, and after his decease
upon trust for the first and other sons of the said second son
of the said Edward Weld, severally and successively in tail
male, and in default of sach issue upon trust for the third and
every other son (except the eldest) of the said Edward Weld
in tail male, and for default of such issue in trust for the first
and other sons of each brother of the said. Edward Weld se-
verally and successively in tail male ; and in default of such
issue in trust for the second and other sons (except the eldest)
of Lady Stourton, wife of William Lord Stourton, one of the
sisters of the said Edward Weld, of Lulworth, in tail male."
His honour, having read this extract from the will, continued,
and said—There did not appear to him to be anything else
material in the will besides this, that the testator had so
framed his will as to make the first devise take place in pos-
session. It appeared to his honour that he must look at this
will in some manner as if the testator had in limine spoken of
Edward Weld, of Lulworth, in the county of Dorset, Esq,,
or whom he had described as havinglan eldest brother, and as
having a sister—namely, Lady Stourton ; and this was made
clear from the expression used in the limitation to the chil-
dren of Lady Stourton ; for the expression used in that limi-
tation was, to the " second and other sons of Lady Stourton,
the wife of William Lord Stourton, and one of the sisters of
the said Udward Weld, of Lulworth, Esq." Then his ho-
nour must take it, that here was a devise in trust for the se-
cond son of Edward Weld, of Lulworth, Esq., who himself
had an eldest brother and a sister, Lady Stourton. Then it
was said that that could not mean the second son of Joseph
Weld, because he had, in fact, a son named Edward Joseph,
and it was said that for several ordinary purposes he was cal-
led Edward Weld, and that was proved by Mrs. G. Weld,
his aunt, for that she used to call her nephew Edward ; and
it was also stated that upon solemn occasions he wrote his
name Edward Joseph. It was to be observed, that although
it might very well be that the name Edward might be a suffi-
cient description of him for some purposes, yet that the name
of Edward solely was not a perfect description of him by
name. Then, it was to be further observed, that if he was
the person designated, he was not fully and fitly, and if not
fully and fitly designated, he did not answer to the descrip-
tion given of him as having an eldest brother, and being the
brother of Lady Stourton. Then, against that it was said
that Mr. Joseph Weld had an error given to him as to his
Christian name : but then, he is described as Weld, of
Lulworth,. county Dorset, Esq. His honour admitted it
might be very well to describe Edward Joseph as Edward
Weld, for some purposes; vet here was a testator disposing
of his estates, and evidently speaking of a person to be the
stirps, and who was the person from whom the stirps were
to arise? The expression of Weld, of the county of Dorset,
Eby., would have been a sufficient description of the father ;
but there was an error in the description. Further, when
his honour looked and saw the person described as Weld, of
Lulworth, is described by two circumstances of which there
was no doubt—such as having an eldest brother, and being
brother to Lady Stourton, he had, on the one'side, a suffi-
cient description in one respect, but one which was not pre-
cisely accurate—and two circumstances of description at-
tached to him which by no means suit ; and he had a de-
scription on the other side of a person partly accurate, but
two other circumstances which fit him, and which, in his
honour's opinion, so pointed him out, as not to leave a sha-
dow of doubt upon his honour's mind. His honour now de-
cided this point upon the mere construction of the will, dis-
regarding everything but the state of the family of Weld at
the time—everything else he rejected. His honour had
thought a good deal about this case, and it did not appear to
him that any good or .advantage would arise from sending
the case to law. It could not be sent to.law without taking
away all simple statements of facts which had now appeared
before the court. He thought that this was a question which
could be better decided in the Court of Chancery than in the
courts at law, as this court would decide upon the whole of
the will as it stood. His honour feeling no doubt upon the
question now before the court, was bound, in justice to the
parties, now to declare his opinion upon the case. His honour,
therefore, declared his opinion to be in favour of the plain-
tiff's claim.

A HOUSE FALLING IN AND BURYING THE INMATES.—
About twelve o'clock on Sunday night last, the outer wall of
a cottage-house in Red Bank, occupied by a pensioner, named
King, and his family, suddenly fell outwards, with a tremen-
dous crash, letting down the floors and the roof, burying
some of the inmates, and throwing the others to a distance.
The sound of the crash, and the shrieks of the sufferers soon
drew a number of persons to the spot; and, by their exer-
tions, the rubbish was removed, and those who were under
it extricated. At the time the occurrence took place, King
and his wife, and three children, were in bed, as were also a
female and a male lodger. King, ,his wife, and children,
were all covered by the ruins; but, by the stairs projecting
over some of them, and a beam over the others, there were
none of them seriously hurt, though they were more or less
bruised. The female lodger was thrown out of the window,
and alighted in the yard, but she was not seriously hurt. The
male lodv,er, who was tipsy, by some means or other, got
astride of a beam, and was hoisted into the yard. He had
nothing on but his shirt, and he immediately off running.
towards Hanover-street, where he was stopped by the police,
who, not without apparent reason, imagined he was mad.
He, however, got a supply of clothes and then returned.
The cottage was a back one, and in falling it took part of a
chamber of the front house in which a female was in bed, but
she was not injured. The buildings are very old and belong
to Lord Ducie.—Manchester Guardian.
ESCAPE OF ONE OF LORD JOHN RUSSEL'S PETS.—
The government brig Tamar has just arrived from Port
Arthur. We understand that Zephaniah Williams, one of
the three chartists, and who was employed as an overseer
at the coal mines, had made his escape from Tasman's Pen-
insula, taking with him four men, one of whom, named
County, formed part of the crew who ran away with the
commandant's boat some months since. When the Tamar
left, two of the party, County and Rooke, had been taken
near East Bay Neck.—Hobart Town Courier, Nov. ]7.
[Who knows but Mr. Williams may find his way back to
England and be knighted—or become a deputy-assistant
poor-law. commissioner ? Stranger things have come to
pass.]

THE PROXIMATE MARRIAGE OF THE PRINCESS AUGUSTA
OF CAMBRIDGE.—We were in possession of information
some months back that this interesting event was on the
tapir—but we have hitherto refrained from giving it publi-
city—not from any doubts we ourselves entertained as to the
result, but from motives of delicacy, as deeming the an-
nouncement in the present state of the negotiation to be pre-
mature. The affair, however, is not only freely spoken of in
the highest circles, but has insinuated itself amongst the
foreign intelligence in the French papers, and we, therefore,
feel ourselves now at liberty to confirm the correctness of
the above rumour. The illustrious personage to whom the
Princess Augusta is likely to be affianced, is the Hereditary
Prince of Mecklenburgh Strelitz. It was considered a mat-
ter of certainty at the 'Neapolitan Court, where the Duchess
of Cambridge and her two daughters are now visiting, that
the ceremony would very shortly take place, but we appre-
hend this impression arose chiefly from the circumstance of
his highness's constant attention to the youthful princess.
A marriage of persons so illustrious in station must, in the
first instance, form the subject of important negociations,
and their settlement will necessarily occupy considerable time.
Whether with a view to the adjustment of preliminaries, or
otherwise, has not as yet transpired ; but certain it is, the
Baron Knesebcck, the confidential Secretary and Equerry of
the Duke, has left London, and by this
. tmie must have ar-
rived at Naples. We need not add that tillsinteresting affair
is much canvassed at Naples ;
especially among the nu-nerous
English now sojourning in that gay city ; and itis deemed
on every account to be an eligible match. The Princess
Augusta is scarcely nineteen, and Prince George of Alecklen-
burgh twenty-two years of age.—Court Journal.

. - -
BRIGHTON, MARCH 26.—MELANCHOLY SUICIDE Op A
CLERGYMAN.-113 family Of tire Rev. J. Marshall, vicar of
Ovingdean, near Brighton, has been thrown into the deepest
affliction in consequence of the death of that gentleman by
his own act. It appears that the deceased committed suicide
by hanging himself in the wash-house of an empty house
belonging to him, at Ovingdean, and which he was in the habit
of frequently going to. The discovery was accidentally
made, on the decased not having been seen by his friends for
some time previously. No suspicion was entertained at the
time that anything serious was the cause of his absence, but
the surgeon, who was called in immediately after the fatal
event was known, pronounced that life had been extinct for
some time. He, therefore, must have committed the rash
act immediately after he left his own home. Various causes
are assigned for the commission of the deed, but all agree
that he must have been labouring under insanity. One
striking circumstance is that arrangements had, been made
for the baptising of one of his infants, which was to have
taken place on that day. He was much attached to his
family, and previously to going out kissed his children most
affectionately ; but there was nothing in his conduct to excite
at the time any suspicion of his dreadful intention, and no
alarm was at first caused by his absence. Deceased was
about 40 years of age, and was much respected by the parish-
ioners. A presentation of the living was made to him by
lather..