The Statesman.
London, England, 1814-03-12 00:00:00

Fa +~
.~. Y~`

:;~

..,
• • 4411,4NTE .1 Lir E NC& '
. .
COOttli Or CU AiNCBRY, MAlrew AL.'
Tlft ASINISSItat lige lIROWNE SW TIIE 111.1rTER or
ettOWNE.
*Mr. TAtlca stated this was the Petition of the
Assigneis, that the Commission shoutd be superseded,
on the ground that The petitioising creditor, the
briA her of bankrupt, swore to'a .debt of 1001. and
tawards;. the• Aseguees had proceeded on tlo coni=
itdsvion, and found out there was no petitioning cre-
ditor's debt; the petilitining 'creditor 'had since
he`r4o, e a bankrupt. The petitiwner also prayed,
-4--
that the As-ignees might hate•liberty to strike atw-
itter 114.cket.--Nlotion granted. . .
Vitoscif,:ropi AtsioNSE of JOSErli AND YEASIDEE,
11t4WHIP4 IN TUB MATTI:II. Or JOSEPH AND,kAakEt
-iiIIrOWNE, 8.% 4K. ttU fTs.
,(Iti4► trititrit Plaoorr stated,-that it would be un-
ilhees%a ry to ;tote the whole oU (his case, as all that
irr; asked of his Lordship, by the prayer of the
ddb's' was, 'fur an issue to be directed to one of
fig 4 its -of Law, to try Wltetha. a quantity of
fissit, ' ed by the assignee of the bankrupts to.he
aild bp, them as he-partners, of the value of 8001.
Ce their brother, Mr,Timothy Browne, was'or was
dot sob; Mr. Thopety Browne having alleged that he
did not purchask It 'of the co.partnership, hut as the
adiiydoat property df Josoph Bio*m', and ft ought
ter Laos% to his; private estate.—The second question
' ktrl'vi(ao, 'whetter Mr. Timothy Browne Mid a
]Deer t 4 Charge. the hat krupti• estate'B9Bl.. interest ;
fliqi IttiNit
..cscurrentt.haemccoitiftert_stith?him, is a banker,
;Ility were hot h
tOii• that °tight prripzrly to be' lieciled by a
sit. Ufa Learned F nds 0tf4411 to IlAil Wei*
e.
Thiiitrio niiittitnrwidt himself. 1 . • ~.. •
40
"lir 'Sgsttici. ItOxiccv and Mr. Lgicti said-they?,
• •
•• I
:I). 'hi , Loin Cirtwc.it.i.gft citteceedathi. issue, as
*

4c).

• - . ) . -• .
-PR lIROCUAZIrCSKRT, DEWPORS' COMMONS,

3'7
.r; IMARCH U. • '

!Llw

1ITIVI:LL AND OZNNSID, Iky THEIR (GUARDIAN, AGAIN)i
PAIRILEIt AND OT,ItRitS.
This was a (potion, whether certain alteratnaat
reale iw.x.papoe purimrting to be instructions.futtbe ,
will of Sir Sitwell Sitwell, Bart. of R.enshawpifill,
Minton, D,erbyskire, after the will prepared from
had been executed; were operative as codicils or
whether they were merely deliberative as to. si!.
temieg alteration, to be afterwards carried intn.er.
aPPl,mittlort 040,04 *twin bad &yros&
his ~j4..41 thoe2d.of March, 1810. , Limas or con-.
eiders* length, occupying upwards of. 15 shoots of
pui4r,, and made an ample a(ul_ tstisposal or
hid Istates and other property. The instructions
from .wbiOb this will was prepared were contented in
...payer entitled'' Heads or fiistructions for the will
of Sir Style)! Sitwell ;" and this paper had been
iriiirnialy left with him for his pern.al and appro-
bation 1 after which it had been returned to his So-
Jicitorto.prepire the will from, but signed.in pencil•
by thetestator, 0114 might operate in case of acci-
denitin the mean time. It contained, amongst other
begat:o. one of tOOOl. to each of the younger chit-
drew of Francis Sitwell, F.q. Sir Sitwell's brother,
the eldest being othetwise provided for ; but this
legacy had he-at struck through in the instructions,
and was therefore omitted in the 'Wort .:furraai will,
in consequence of Sir Sitwell'e
plgined by him to the Solicitor, that . the family of
tritel;famptiell, "me vf-the Lords of Sassioe-lee44
"amts, into which Mr. Francis Sitwell had
married, would proside for his younger children.—
After the execution of de will, Sir Sitwell delivered
it into the possession of his Solicitor, preferring
)trim+elf r 5, retain the Instructions, as containing a
snore abstracted account of the contents of the will,
and therefore more ea4y of reference than the will it-

self in its more precise and formal language. Sir
Sitwell ditcl on the I Ith of July, 1811, and a pro-.
bate was obtaitiod of his n ill only, but the paper of
Ipstructions being afterwards discovered in his se-
cretary, sas found to contain an obliteration of a
legacy to Mr. Gilliam, ill deceased's steward, with
a mark in the margin to refer to it, and this indorse-
ment on the outside :—" If any legacy includes Mr.
" Gilliam in this or any other will or codicil, I re-
" toke it.—S. Sitwell.—February, 1811."—The
.pencil obliteration of the legacy of 20001. to each
of Mr. F. Sitwell's children, was also crossed through
in ink, .at if with ,#u intention of reviling it, and the
(leaned had; on the 29th of March, 1811, preced-
ing his death, signed his name to each of the sheets
except the second, which contained the obliteration
of Mr. Gilliam's legacy. These alterations appeared
. to hare been made since the execution of the will,
and Mr. F. Sitwell's children, acting by their father
as thei, guai-diatt, instituted the present proceeding
Us the rarti -5 interested, iii the probate of the
tot ner wil', and .requiring the executors, .Hugh
Parker, Francis Ofliey Elmutidt, and Joshua Jebb,
. E-qrs. to take a new probate of it jointly with the
Taper of Instructions, as containing together the will
. of tLe deceased.

Tile evid2nce in the case fully established the cir-
cemstanees stated, and also that the deceased, after
rho execution of the will, had reason to believe that
the Campbell family, with whom the children then
were Mould not provide for them as he had expect-
ed. fhis idea was subsequently confirmed by.llll
in-
ematioon be received front a distinguished member of
the family, and the deceased, in consequence, often
expressed to those in his confidence, that he supposed
he must provide for the children or they would come
to distress, and for this. reason he discontinued the
advances of money which tie occassionally made to
Isis brother, wbOm he considered to have been guilty
of great extravagance, and apprised hits of his inten-
tion of providing for his children instead. He was
also proved to have declared that he should see his
:}ttorney at Stamford races, and should there make
An alteration in his will, but he died before that
happened.
Under these circumstances it was contended, on
tit, part of the children, the deceased, by striking
out the former obliteratiou of their legacy, and sign-
ev- heet of the 'e
cuntaiu-
meant
iuteu-
be watt

V ,
~J
A,

in& every sheet of the paper except the one c
it►g•the obliterated legacy to his steward,
tp revive the bequest pursuant to his declarer'
tioo of providing for therm; and that that