The Statesman.
London, England, 1815-07-05 00:00:00

'IIIE STATESMAN..

LAW INTELLIGENCE..

Fizom Till LONDON GAZETTE, Aar 4.
---......... 4
PREROGATIVE COURT, COURT, DOCTORS' COMMONS,
JULY 3. WAR DEPARTMENT.
SUTTON V. DOWN AND °aims. Downing-street, Jag 3.
This was a proceeding as to the validity of a co- A Dispatch, of which the following is an extract,
(licit to the will of Richard Down, Esq. of Bertha- was received last night by Earl Bathurst, Addressed to
his Lordship by the Duke of Wellington, dated lomea.lone, Londois,and Colney Hatch, near Barnet,
Or-
Middlesex. title, June 28, 1815 :
Ile died on the 26th of July, 1814, leaving a will
and eleven codicils, besides the one in question. By The citadel of Cambray surrendered on the even.
the will and some of the priorlodicils he had made a ing of the 25th inst. and the King of France pro-
nearly equal provision for all Sig family ; hut by one seeded there with his Court and his troops on the
26th. I have given that fort over entirely to his
of a later date, '23d October, 1812, he had given the
share of a d. ughter named Ilatriet, in trust for her
Majesty.
on attaining 21, or dateof marriage; but in the event
of her marry ing under the age of 18, directed the I attacked Peronne, with the Ist brigade of Goards,
under Major-General Maitland, on the 26tH in the
trust prtawity to sink into the residue of his ,
estate. By a subsequent codicil, dated 31st of afternoon. The troops took the hortiwork, which
July, 1813, after reciting that his (laughter had ! covers the suburb on the left of the Somme, by storm,
without his consent married a Mr. Sutton, he re-
! with but small loss ; and the town immediately after-
voked all prior bequests to her, and insteltd Rave wards surrendered, on condition that the garrison
40001. to his tan snug, its trust for her during .
should lay down their arms and be allowed to return
life, and to her children afterwards, but in default
of children to siiik into the residue. The last codicil, to their homes.
which was the one in question, Wag in these words:— i The troops upon thisoccasion behaved remarkably
" :laving become reconciled to my daughter, Harriet ' well ; and I have great pleasure in reporting the
g
Sutton, and forgiven her for having married againstood conduct of a battery of artillery of the troops
my consent, it is my request that-she shell share in Netherlands.
the distribution of my property, at my death, with of the
my other children. Witness my hand, this 24th I have placed in garrison there two battalions of
January, 1814. B. Down."—The validity of this the troops of the King of the Netherlands.
codicil being disputed by F.dw. Down, Esq. the son, . The armies under Marshal Blucher and myself
' and executor of the deceased, and his co-executors, it have continued their operations since I last wrote to
was propomided, in the present proceeding, on the
your Lordship. The necessity which I was under of
part of Mrs. Sutton.
halting at Cateau, to allow the pontoons and certain
It appeared from
the evidence, that the deceased
was averse to his daughter's marriage with Mr. Sut. stores to reach me, and to take Cambray and Peronne,
ton, principally no account of her youth, and, . had placed the Marshal one march before me; but I
with a slew to prevent it, made the codicil of the conceive there is no danger in this separation between
23d of October. 1812. The marriage, however, the two armies.
hating taken place, lie ?ben made the codicil of the
lie has one corps this day at Creepy, with detach.
31st of July, 1813. .4 on' aftcrsvards he became
ments at Villars Coterets and La Forte Milan ; min.
re-
conciled to the marriage. at.tl w!s disposed to receive
his daughter again at l•i- house. hut was dissuaded ther at Senlis; and the fourth corps, under General
front i• by his ts Ile, aho considered it proper toteep Bulow, towards Paris: he will have his advanced
up the appearance of resentment for some time, as guard to.morrow at St. Denis and Gonasse. The
an example to their unmarried children. Mrs. Down, .
army under my command has this day its right be.
however, at Igt..!th assented to receiving her daughter, .
hind St. Just, and its left behind Taub, where the
A ild alio Deenr(llligly pail/ them a visit on Sunday, the
high road from Compiegne joins the high road from
14th of November, 1813. 'lshis was renewed by a
visit from Mr. Sutton, pursuant In invitation, and ltnye to Paris.
the reconciliation was ct,mplete, at which the de. The reserve is at Roye.
ceased often expressed himself much gratified, and We shall he upon the Oise to-morrow.
',top ,s-r 1 to allow teen' '2501. per nun. the two first -
It appears by all accounts, that tne euemy's corps
nail-years' payments or which, due prior to his
death, he duly made by drafts on his banking.house. collected at Soissons, and under Alarehal Grouchy,
Mrs. Down subsequently represented to her husband have not yet retired upon Paris; and Marshal
the propriety, as he hail become reconciled to his Blucher's troops are already between them and that
daughter, of restoring her to her former interest in City.
his property anis his other children, to which he --ww....._
assented, amid she having, by his directions, prepared BANKRUPTCY ENLARGED.
the codicil in question. the 'deceased regularly signed J. Graham, Maddox-street, Hanover-square, tailor, from
it, &c. and several times afterwards expressed his sa- July 8 tti Aug. 25.
tisfaction at having so done. BANKRUPTCIES SUPERSEDED.
, C. Cosier, Wendover, Buckittetamshire, shopkeeper.
Sir JOHN NICHOLL, 00y hearing Counsel op loon O. pinnwaite, Pancras-lane, merchant.
sides, obse. Ted, that the evidence was such as Jo BANKRUPTS.
leave not the slightest doubt on the mind of the 3; white,rsszriirtor; amithviciavirtaAnnl,i3:llyß, ITS,
CORM es to the mode of disposing of the question Aug.
s is.';'eszitiroer," Froe.e.Sieitro7Y. Sotner'st..ntlire, wal;ltdatpleer,•
before it, the four witnesses examined in sepport of Jul: is, 9.5 Aug. 15, at he George, Entine Selwood. Attor-
the en :ieil having fully proved the ca,.e get up,— airs, Mr. Rot ;tv.etn,, Fdrome, Somersetshire; and Mr. Edwards,
T.tough the eeceased had been afflicted with pp. s srv7'WYrneee: BsJfo.d-street, Covent-garden. shoemaker. July
raly tic affections, and his memory was its cons,. It. 15, Aug. 15. at Guildhall. Attoruey, Mr. Wilson, Dorset-
qoeoce at times imperfect, yet there was nothing to
g"etZgliCsrfibne7d..'NVlhriPt. .l .echapel-market. hay-salesman, July 8,
show that his legal capacity was at all impaired. lie Is, Aug. 15, at Gui dhall. Attorney, Mr. Coates, Paul-street,
did every thing to prevent the early marriage of his Finstuirv—quare.
slaughter; but after it had taken place, he was dig. W. Law, Copthall Chambers. Throgmorton-street, merchant,
ptletl to make the best ~r it. Mrs. Down, how. July 8. 15. Aug. 15, at Guildhall. Attornie,;, 'llecsr.. Lamb,
Bunton. and Hawke, Princes-street. Bank of England.
ever, as a prudent amid jndi -ions parent, deemed it
29.
sGraeat
thetT tritt°l°ilit D;;Trfebl.l:Chfreo.rrilinugi,)oktl..ePeAt. Jo
'rill?: e's,
right In postpone the reconciliation fora time, as an Mesarsu.rkingdon and Hawkins. GreutTorrington; and Messrs.
example to deter the other unmarried branches ansiiceand \slight. loner Ter7ple.
..
.11
Jul
19
14
of the family frosts a sitniLir imprudence; but when
Atjtg..Bl.s,Faatrrathnet' %Viet:7r Ika.rt I Inn. Wellington,
,Someyrseisiiire,
the state of the deceased's health, and his anxiety OD Attornies, Mr. Warren, Welliiwoo; and Mr. Pearce, Salts-
Ihe subject, rendered it advisable no longer to defer bury-square.
the reconciliation, she readily brought it about. The J. Baker, Northampton. noolstapler, July 13, It, Aug. 15,
at the George Inn, Northampton. A mimics, Mr. Luca: New-
ti 1 1 tad consequence of this was the making of the Co.- port-Pagnell, Bucks; and Mr. Alexander, New-square, Un-
did! in que,,tion, the former ground of exclusion be- ruin's 1"°.
M. Knowles, Marple, Cheshi,e, tanner, July 28, 29, Au-
big removed. It not was absolutely necessary that this gust 15. at the George Inn, Warrington. Attornies, Mr.
act should originate with the deceased, for when pro- Norris, John-street, Bedford-row; and Mr. Garth, Warring-
posed he adopted and executed it with great alacri..
la
T. Hook, Great Yarmouth, Norfolk, miller, July 98, 29,
ty, manifesting not the least reluctance or went ' Aug. 15, at the Rampant Horse Intl, Norwich. Atm, nies,
of flee agency ; and it was afterwards fully recog- i' Vrsars.slib•Va.
yi%ltofcalekder, aid Hultne, New Inn; and Sir.
nised by hint and in the family. As the adverse Coun- .
.71.g,t.er;vd.. irriisin le.oU, r.irweller. July 20, 21, Aug. 15. at the
set had found there was so little ground for argu- ; White Dart Inn, Boston Attornies, Mr.
.11titsles. Boston;
wilt against the codicil, the Court would net touch . ail. Messrs.gs Liverpool,tidt!inonidainid.r hall,, .Siectretilizitit;,ol:l:-lii.ptes.i,
twilit the nature of the interrogatories administered 1 Liverpool.. Attornies, Mr. Williamson, Liverpool ; and Messrs.
In a mother and sister as these hod helm. They indi- , Kersey and Spurr, Bishopsgwe-Within.
.
eared, however, the way in which the suit had been W. Brow.) Wigan, Laneashir , cotton-manufacturer. Jolly
17, 18, Aug:ls, at the Dog Tavern, Manchester Attornies,
: conducted, and that a degree of resentment sill pre. Mr. Barrow, Manchester; and Messrs. Milne and Parry, Teal-
' sailed in this family, from which it Wag to he feared Plc

DIVIDENDS.

that the harmony it was so desirable to preserve
amongst them was not likely to be as yet restored.
Th:. Court, therefore, pronounced for the codicil •

July 25, J. Guild, Lontion,inerchant—Jit!y 26, R. Vickers,
Liverpool, merchant—July 2,-4, %V. Iddon, Clanton, Lanca-
shire, linen-draper—July .6, It. Evans, Shrewsbury, grocer—
Jul 25, .1. Trustrum, Essex-street, Buxton, umbrella-maker
—.holy 9.5, W. Pugh, Berwick-street, Soho, tailor—Aug. 5,
F. Pillow, Canterbury, common-brewer—July 31. .1. Paid.
Chester, coach,..aker—Aug. 7, J. Sharp, North Slairld:, grocer
—Aug. 9, J. Walkden, Market-Harhortingli. innkeeper —July
26. G. Harwood, Beverley, victualler—July 29..1, White,
Windsor-terrace. City-road, merchant—July 23, J. Powell,
Southampton-buildings, tailor—July '26, T. Russell. Beverley,
vie caller—July 25. E. dill, C. Hill. and A. 11. Al,haus,
Union-row. Little Tau er-hill, contractors—July 25, .1 Rot-
sell. Parry Barr, Staffordshire, gitti-barrel-manulactiirer—.;uly
25, T. Trueman, Bury-street. St. Mary-Axe, mattress-maker
—July 25, W. Spencer, Wolverhampton, gun-barrel-mainline.
turer—July 26 R. Dodson, Liverl I. merchant —July 15, T.
Gordon, T. Steadman, and S. Howland, Tower-street, mer-
ehants—July 27, W. Stack home, Blackburn, linen-draper.
CERTI MATES—Jour 25.
P. B. Jones, Birmingham, bard waremaa —J. Hodson, Lime-
street, w I lle. merchant —.I Yates, Manchester, ironmonger—E.
Appleton, Manchester, eottoti-merchant—C Sharp, sen. and
C.Sharo, just. Komori. 1 lam.,shire, cabinet-makers —.l. O' Brien,
Thittgmnrton-street, insurance-broker—J.
Thropp, Birmingham. silversmith—J. Phillips. Prickett-green,
Kent. victualler—J. Kelly, Windmill-street, Finsbury-square,
merchant—S. Churchyard, Frrssingtield, Suffolk, grocer—R.
Whittington, Monkton Comb, Soinersetshire, clothiet—E. Need-
ham, sea. Manchester, dealer.

Awl agreenbly to the rule. of practice, by which a le.

gn tee «ho propounds and establishes a testamentary
paper is entitled to costs out of the estate as of course,

coa; were given in this case.