The Liverpool Standard, and General Advertiser.
Liverpool, Merseyside, England, 1854-12-26 00:00:00

REV. VINCENT RYAN, M.A

13-;,,eipal of the Liverpool Collegiate
of St. Marv's. Edge-hill.

Institlition, an,

REV. AND DEAR BRETHREN,
Your simultaneous appointment to Colonial Bishoprics
at once demands and gives an opportunity for an expres-
sion of our regard, our congratulation, and our sympathy.
During the period of our co-operation as Brethren in
the Ministry of the Church. we have entertained a sin-

care regard for your genuine piety, sound learning, and
zealous earnestness in every good work, whereby many
have been provoked to holy emulation.
We congratulate you, and the Churches in Sydney and
the Mauritius, on your elevation to the office of their
chief pastors,- while we humbly implore the Great Head
of the Church Universal fully to qualify you for your
arduous duties, and long to sustain you in the vigorous
discharge of the same.
We beg also to give affectionate expression to our un-
feigned sympathy with you in the trial of natural feelings
and affections which must attend the departure—perhaps
for ever—from all the local associations of country and
friends and home. Our hearts desire and prayer for you
is, that, while forsaking all these for Christ's sake and the
Gospel's, you may find them according to the promise re-
placed tenfold in the associations spiritual and temporal,
to be found in your new sphere of exalted action, and so
we heartily bid you God speed.
TI s having been read by

m names appended to the addres
the Rev. Principal Howson,

The LORD BISHOP of SYDNEY, in returning thanks for
the honour which he felt had been conferred, said :—The
occasion is doubtless a very uncommon one. That two of
the clergy of this archdeaconry and of this borough, who
were connected by many ties—by affection, by common
interests, and common labours—should have been simul-
taneously called to the office of the episcopate in our
colonies, is an event of very unusual occurrence. I am
aware that much of the interest felt in us at this tinie
must be attributed to this remarkable coincidence, and
much more to the kindly feeling which has ever charac-
terised the clergy of this town ; but I should be ungrateful
to God and to you, my brethren, if I did not thankfully
acknowledge that I do feel, deeply feel, that a great honor
and a great benefit have been conferred upon us this day.
The esteem of the wise and the good has in every age
been regarded as one of the highest rewards which man
can receive, and fitly so, for the wise do not lightly repose
their confidence, nor do the good commonly misplace their
regard. I do, therefore, feel that to have received an ad-
dress of this kind from a body of men such as the Liver-
pool clergy, is an honour greater than any which it is in
the power of the mere men of this world to bestow. Had
the regard, which is now expressed, been sought by us, it
had not been given. It has been freely tendered, and has
been given, not because we have done more than others,
for we have done less than many, and have not done more
than the youngest curate of your body may hope to achieve,
but it has been given because we have, to the best of our
ability, endeavoured to do the will of God in seeking the
highest good of our fellow-men. That after a residence of
nearly twenty years amongst you I have been permitted
to receive so unanimous an expression of your good will,
I do regard as a very high honour, and venture to rejoice
that I have lived to attain it. I thank you further, my
brethren, for the benefits you have eonferred upon me, by
strengthening my hands, and by the encouragement I
shall hereafter derive from the proceedings of this day.
The good opinion of my brethren is one of my best cre-
dentials. If I have obtained a good report amongst you,
I may hope to be cordially welcomed by those to whom I
go. If eighty clergymen, of different shades of opinion,
have agreed to this address, some guarantee is afforded to
my future clergy that I may be received by them with
confidence, as one who will endeavour to behave himself
wisely and kindly in his oversight of the Church of Christ.
This address is, therefore, a boon conferred upon me and
upon them. I, for my part, shall endeavour that what
you have so kindly said of me may continue to be verified,
while they will have learned before my arrival that I have
been regarded by those who knew me best as one in whom
they might confide. lam thankful, also, for this address
on still higher grounds. I trust I may look upon it as a
pledge that your interest in myself and my dear brother
will not cease with this occasion, but that we may be long
and frequently remembered by you in your prayers. It

will be an unspeakable comfort and an unfailing source of •
strength to know that our brethren pray for us; that in
our distant dioceses the word of God may have free course
and be glorified., even as it is amongst you, and thanve, the
ambassadors of Christ, may speak our message of reconci-
liation with fidelity and love. May the prayers you offer
up for us return in a rich blessing to your own souls. May
the Holy Spirit be abundantly poured out upon all, guiding,
comforting, and establishing all. I thank you, my bre-
thren, also, for the store of pleasant and profitable recol-
lections which you have permitted us to lay up for a future
day. Very precious to me were those tokens of love and
regard which my beloved flock, and my friends, clerical
and lay, poured in upon us when we left the busy life of
Edge-hill for the quiet of a country parish. Scarcely had
they been arranged in our pleasant home, when the call
came by which they were to be removed to a distant and
very different sphere. And now, in the higher and more
responsible duties of that sphere, the remembrance of this
day, and of the affection and regard of my brethren the
clergy, will, I believe, often animate and encourage me.
How ranch is there in that list of names to instruct and
aid me in my future labour ! What lessons of sound
judgment, of admirable temper, of true benevolence and
manliness of character, may I not derive from that vener-
ble name the foremost of that goodly band. In the
popular assembly, in the mixed committee, in the private
consultation, if I am only enabled to follow the course
which that name suggests, I need not fear that I shall be
betrayed into a failure of temper, an indiscreetness of ex-
pression, or an error of judgment. And could I add to
these qualities the quick apprehension- of whatever is
practicable, the earnest desire to do whatever tends to the
benefit of this great community, and the untiring zeal
with which that desire is carried out which marks the
character of the co-rector of this town ; and yet more,
could I venture to hope that I might combine with these
that comprehensive knowledge of the Word of God—that
eloquent and powerful application of the divine message,
that fearlessness in the defence of evangelical and pro-
testant truth which distinguishes above all his fellows my
beloved friend, the third upon this roll, I might then hope
that Sydney would possess a bishop and Australia a me-
tropolitan, such as the present greatness and future desti-
nies of that young world require. But this cannot be.
I can only endeavour to follow in their steps, establish and
support the institutions they have maintained, and
amongst others one such as this within whose walls we
are assembled, so ably and successfully presided over by
its principal and my friend. I may at least endeavour to
practise in another hemisphere the lessons of wisdom,
faithfulness, and zeal which I have had the opportunity
of studying amongst the clergy of this town. May God
give me grace to be faithful to my trust. May the prayers
offered 'up for us be heard and answered. May you my
brethren never have cause to be ashamed of the confidence
you have reposed in us. I trust that, as I purpose to sail
from this port, other opportunities may be given to me of
saying farewell to many of my brethren.- Yet such cannot
be long afforded us. How many of those dear to me, who
welcomed me on my first coming to this place, have passed
away. From Everton, from St. Augustine's, from St.
Bride's, and now from Chester, have those been removed
whose piety and eloquence, whose learning and usefulness
so often encouraged and aided us in our endeavours
to do our heavenly Father's will. The memory of them
alone remains a very precious possession, and soon the
time must arrive when we also shall be called away
Dear brethren, when that time comes, may the like faith
and hope and joy fill our hearts which sustained and com-
forted theirs. May we feel that the Saviour who sepa
rated us from each other for a season, will soon unite us
I for ever.

The LORD BISHOP of MAURITIUS also returned thanks,.
and called attention to the spiritual condition of his
diocese, which for a long time had been very much neg-
lected, and in which even the members of our own church
were destitute of the means of grace. In one part of it,
for many years, there had been no marriages nor baptisms
performed, except by the captains of ships. There were
no fewer than 60,000 emancipated slaves whom we had
released, indeed, from the galley fetters of slavery, but to
whom we had. not imparted the light or the truth of the
Gospel. These unfortunate men and women were willing
to show their gratitude for any effort that might be made
for them, and the priests of the Church of Rome had not
failed to acquire :an influence over them. The exigencies
of labour there since the slaves had been emancipated,
required the introduction of upwards 100,000 immigrants
from India; yet no steps were taken while these were
being conveyed across the ocean to open their eyes to the,
truths of the Gospel; and even those who had been taught
Christianity in India were allowed to relapse into heathen-
ism, and lately there had been a pagan procession in
the island, which was attended by ten thousand persons,
and at which the most barbarous rites were ceLbrated.
He again thanked them most sincerely.
The proceedings then terminated, and the meeting

eparated

THE WILL Or THE LATE DUCHESS -OF MANCHESTER.
—ln the above case the bill was filed on behalf of certain
infant children of Lord and Lady Ossulston, seeking to
impeach a will made by the late Duchess of Mane' ester,
and upon an issue directed by the Vice-Chancellor a ver-
dict had been found in favour of the will; after which
new trial was directed. Upon this trial coming on, terms
of compromise were prof
drawn. The c

se came

Ore the Equity Court a fc

go, for the purpose of h

ry,that conr

cairieccolit

,on of the (

General stat

mice, wt.

in effect that the will of the
the duke was to carry into e
were the duchess's wishes wi

!hese was to stand

The Duke and I

regard to the y op rty
were to make up the por
0,000. The bill was to b

tion of

amended I

e offensive paragraphs
duke, and all parties to

reflecting upon the conduit c

theii own

death, e

Lancast

n value to

id that

Tly executed, and d

sum of money for the

1 endowing such institution. 1
or the building and endowing

mar Lancaster, to be called " Ripl
model of the Liverpool Bluecoat Sch
nce, support, _ and education of child

;ions r

scals, it NV

s to be open t

1, for th

doctrines of the Church of England only should be taugb
to them." A sum of not less than £lO,OOO was to be ex
nended in a suitable building. The t(

ter the execu

lion of that will, having learnt that a gift for the foun
of the charity therein specified was invalid and conti
law, destroyed it ; and the bill alleged that he pz
his wife to promise him that if he left her his
legatee, she would carry out and perform his inten
reference to the foundation of ti

d person:
The tes

dated the 6th of November, 1851, after G
legacies, he gave the residue of his real
tates to his wife, Julia Ripley, absolutely.
appointed his wife and Henry Killock and Georg
field his executrix and executors of his will. /4'
of his will he wrote and addressed to his wife tae folk
letter :—" Liverpool, Nov. 6, 1351. My dear Wife.
• --F tinned my will, and enclose therein this note

explanation thereof. You will find that, after
for my other relatives liberally, in my opinion

to dispose of th
- a legal difficulty

the residuary legatee, which gives you m
Now, you are aware how I did intend
bulk of this sum, blit am prevented by
which is not immediately removable.
it is. I did intend to have left you an annuity of 1;4.,
per annum, with house and furniture in' the square, in-
cluding horses, carriages, plate, pictures, linen, &c., and
whatever appertains thereto, for use, which I believed you

Hence n.

pleases God to remove me from you—an event which, I
hope, is yet at some distance of time. May God bless you.
my dear wife, will ever be the prayer, of your affectionate
husband, Thomas Ripley." This letter was sealed and
enclosed with the will in an envelope, and given to Mrs
Ripley in November, 1851. On the sth of August

18152: the testator made a codicil to his will ; and,
after making some additional bequests, it proceeded
as follows (that is to say) :—" I ratify and confirm

made the following endorsement on the letter,
ie 6th of November, 1851, and enclosed with the

November,vlAsl, I think it right to increase the
to £1,500, which I hope, my dear wife, you will long enjoy
—Thomas Ripley.—August 5, 1852." The bill alleged that
on the 13th of August, 1852, Mrs. Bland, the testator's
lw him, and that while they were together Mrs.
nto the room, and remained there;
the testator then, in the course of conversation, stat

Riple3 came

he was going to build an hospital at Lancaster, on which
Mrs. Bland remarked that she thought he was going to
build schools, and that thereupon the testator requested
Mrs. Ripley to explain the matter to Mrs. Bland, which she
did, by stating that there was to be a school on the same
plan as the Bluecoat Hospital at Liverpool, and that on
this statement being made by Mrs. Ripley, the testator
observed, " Yes, and it will be endowed with between
£3,000 and £4,000 a-year. I have left all to Julia (Mrs.
Ripley); the Mortmain Act compels me to do so, but I am
sure, my dear (addressing and looking at the said Julia
Ripley), you will religiously, scrupulously, and conscien-
tiously carry out t►y views." The bill alleged that Mrs.
Ripley acquiesced in the last-mentioned observation of the
testator, and on its being made took up his hand and kissed
it, in token of her acquiescence therein, and that, if not in
words, she at least by her acts gave the testator to under-

stand that she would carry mails views, if he left his will
and codicil unrevoked. The bill also alleged that between
the 13th and 20th of August, 1852, the objects and pur-
poses of the testator with reference to the school were the
frequent subject of conversation between the testator and
Mrs. Bland, and that these conversations took place for
the most part in the presence of Mrs. Ripley ; and that
before the testator's death Mrs. Ripley told Mrs. Bland
that the testator had left her (Mrs. Ripley) an annuity of
£1,500, the house, and everything appertaining to it, and
that he had previously only left her £1,200 a year, but
that he had added another £3OO a year when he made his

codicil. These allegations were supported by Mrs. Bland's
evidence. The testator died on the 20th of August, 1852.
The 31st paragraph of the bill was as follows :—" The
purpose and object of the said testator, as expressed in the
will so cancelled as aforesaid, and as expressed to the said
Julia Ripley, and agreed to be carried out by her, was
that of buying land and building an hospital or school

thereon and endowing
Julia Ripley (Mrs. Ripl

the samc
aevl mad

and had not the said

e as afore

duary, or have made his will as is bereinbefore

forth, and the residuary clause in the said will was,
in fact, inserted and made upon a secret under-
standing between the said testator and his wife
that she would execute his wishess and defeat the
operation • and effect of the statute made and passed in
the 9th year of his late Majesty King George 11., entitled
An act to restrain the disposition of lands whereby the
same became unalienable," commonly called the Mortmain
Act. The bill was filed in May, 1853; with the object
before stated. Mrs. Ripley, by her answer to the plaintiff's
bill, denied that she had made any promise to the testator
to induce him to make her his residuary legatee, or that
she ever saw or knew of the contents of the letter of the
6th of November, 1851, until after the testator's death.
aShe also denied ever having heard any such conversation
is that alleged in the bill. Mr. John Ripley, the testator's
brother, and one of the defendants in the suit, in his
answer, said that the testator had repeatedly, both before
and after the will of the 6th of November, in Mrs.
Ripley's presence, stated that the residue, amounting to
£BO,OOO, or £lOO,OOO, would be applied in building and
endowing a charity at Lancaster. Mrs. Ripley denied
ever having heard any such conversation. It was not dis-
puted that the testator, for some time prior to, and down
to the period of his decease, had an intention of founding
a charitable institution for the benefit of his native
town, Lancaster, and that he did not attempt to conceal
that intention. Indeed, such was the expectation at Lan-
caster that he intended to confer some benefit on that town
that on the occasion of his funeral many of the shops in
that place were cloSed, and the Mayor and some of the
Town Council attended it. By the act 9th Geo. IL, chap.
36, commonly called the Mortmain Act, it is provided that
to land or money to be laid out in the purChase of land
shall be given for the benefit of any charitable use, unless

such gift be made by deed, executed in the presence of
two or more witnesses, twelve calendar months at least
before the death of the donor, and be enrolled in Chancery
within six calendar months after the execution thereof,
and unless the same be made to take effect in possession
for the charitable use intended immediately, from the
making thereof, and be without any power of revocation,
reservation, trust, condition, limitation, clause, or agree-
ment whatsoever for the benefit of the donor or grantor,
or of any person or persons claiming under him. Shortly
before the testator made his will, dated in November,
1851, he consulted his solicitor as to the means of carry.
ng out his charitable intention. The solicitor took the
opinion of conveyancing counsel in London, and thereupon
informed the testator that the only means of effecting his
object was •by a compliance with the provisions of the
Mortmain Act: The testator objected to buying land or
investing money in the manner required by that statute,
on the ground that it would abstract more than he could
spare from his business, and he determined to make a
will. He resolved to give the residue to Mrs. Ripley,
taking the chance, as he said to his solicitor, of
her applying it as he in his lifetime was himself
proposing to apply it. In forwarding the will to
the testator, his solicitor expressly told him that
upon any admission by Mrs. Ripley of a secret trust
the gift might be defeated, and that the whole matter
must be left to her as her own. "I had satisfied myself,"
also said the testator, " that any promise would vitiate the
will, and Mrs. Ripley also perfectly understood it." On
the sth of Aw,pust, 1852, the will, by desire of the testator,
was read over to Mrs. Ripley by his solicitor, and the tes-
tator gave the letter of the 6th of November to his soli-
citor, and desired him to read it to himself. His solicitor's
expression was, that he mentally read it, and then put it
into the envelope with the will. t The testator gave back
the envelope with its enclosures to Mrs. Ripley to lock up
again in a safe. When Mrs. Ripley was sent to by the
testator for his will, the solicitor deposed that the testator
said to him, " I have not asked her for any promise, or
anything of that sort, as you told me I was not to do so."
Mrs. Ripley, so far as the 6th of April, 1853, writing to
Mr. John Ripley, the testator's brother, said,—" I cannot
help saying that one accusation is, that it is not my inten-
tention to carry into effect my husband's wishes as to the
charity lie intended to found at Lancaster." And again,
in the same letter, " I declare to you it is my fixed deter-
mination, if it pleases God to spare soy life, to carry
out what you know, as well as I do, wer, the wishes
and intentions of my dear husband, had he lived to
carry them out himself. On this subject I cannot
say more." In her answer to the bill Mrs. Ripley ad-
mitted that the .testator expressed his intention to
devote the bulk of 11;- -tv to charity, and in her

ever said anything to her
he property was left to her,
or wish as to what she was to do
y part of it, or gave her any di-
tf or's death Mrs. Ripley completed
land, and conveyed it to trustees
ity, and had the deed enrolled ac-
.previsiens of the. Statute of Mortmain.
the gift of the
ig a gift with a
uud a charity, contrary to the
whether the gift to her was

is proper
that he r

depositions she stated
as to the condition on

the pure
upon trt

for the c

tanding t

Rolt, Mr. I

atic
hat the

V. Gifford, for the

t en tion

evidence showed that the
roperty to his wife, on the
bat she knew to be his in-
I and believed

Mr. M

.e b 3 w•

rtainty, to say the
at bequest.
red for the defend

Al Mr. Hobbcr

n acthe

he Solic

V. Prior for

.ner,.l s';r Fitzroy

the law that

hat there