The Statesman.
London, England, 1823-08-08 00:00:00

I', Tu [SPAT.

THE LATE QUEEN'S PROPERTY.

IN ii AUSTIN.

Mr. SOODZN called the attention of the Court to this
case, and said that a sum of 1,3001. remained to be paid
to Mr. Roper by the executors of the late Queen, and the
cystitis was, by whom and out of what fund it was to be
paid; The sum originally borrowed of Mr. Hoper was
2,31101.
Mr. Bai . said, that the estate at Blackheath bad been
settled on the late Queen for life.
Mr. Sconere said it was settled on her for life, without
any power of anticipation, and at her death it was to
devolve to any person she might have appointed.
Mr. Babb ,uhmitted that the appointment to Mr. Hoper
must take priority over an appointment to a voluntary
appointee. He thought that a mortgage ought not to be
paid out of the general assets, for that fund ought to he
for the benefit of the especial creditors. A married lady
could only charge debts on her estate by appointment,
met the difficulty was, whether that could operate against
a person whoa's, *special appointee.
'!be Vica-CnertcemAte.—Suppose there bad been no
appointment of the property, to whom would the fend
then ge ?
Mr. SHODEN.—Tbey would remain in trust for the resi-
duary legatees of the testatrix.
The Vica-CtiancgLioit.—Who are the residuary le-
gatees ?
Mr. Suotren.—They are not stated, but I think they
are the Duke of Brunswick and his immediate descendants.
The Vecitel uanexbitia said, that if there were ito resi-
duary legatees, there would be a difficulty in maintaining
the appointment against the general creditors; but if there
were, the general creditors' right was thus far excluded.
It was clear that, by the appointment, Mr. Austin was en-
titled- to any. seeping that might remain after Mr. Hoper's
debt was paid ; but then there was a question whether
other creditors were not also entitled to have their claims
liquidated?
Mr. SVGDIIN said, he would take the order for paying
the surplus to Mr. Austin, and that the Master be directed
to inquire whether there were any other creditors.
Mr. Hebb said, that the only doubt on his mind. was as
to how far the Queen, being afeme covert, was at liberty to
art under the eircom.tances.
The VICE-CHANCELLOR said, that the decision of the
Court wonid not exclude him from urging' tiiis point on
another °erasion.
Mr. SCCDRN said, it was quite clear that the Queen,
when Princess of Wales, being a feme covert, could not
create creditors.
Mr. BELL said, that in the case of a fcme covert, the
piety could take only by appointment. He could not press
1s point fultber he was well aware.
Tte lice-CHANCELLOR said, that while under the re-
striction of aferne covert, the Queen of course could have
creditors: so it would be extremely difficult to raise the
question. His Honour ordered that it he referred to the
blaster to inquire what property the late Queen Caroline
tied possessed of; who were her creditors; and whether
there was any subsequent appointment to that made in fa-
rJur of Mr. Austin.
Mr. BELL did not think there was any subsequent ap-
pointment.
Mr. SUGDEN said he was convinced there was not, for the
fact was admitted by the executors of the late Duke of
Brunswick, by the executors of the late Queen, and by the
agents of Prince Leopold, who were all ready to come for-
ward if necessary.
Mr. Bete said there still appeared to him to be a diffi-
culty in the case with respect to the other creditors.
• Mr. Sunosst observed that Mr. Bell Has going from one
difficulty to another, as if he wanted only to keep the whole
fund in Court.
Mr. Bect said that the general role was to inquire whe-
ther there were any other creditors.
The VICE•CHANCELLOR said that the Court could not
depart from the gener'al rule, for there might be parsons
ititerested who were pot represented in Court.
After a few words from Mr. Stooge,
Hie HONOUR said that he would send the case to the
Master, with directions for him to make a separate Report
npon the several points. and that such Report 511011141 be
hid before the mister of the Rolls for him to mike an order
thereon.
His HONOUR, asked what the whole amount of the pro-
perty was?
Mr. SUGDEN said abont 50001.
1 he Vtcs CiLt NCSLLOR —Then the surplus, after the pay-
ment of Mr. Hoper's debt, would be some provision for this
youlur man.

KENT ASSlZES.—Matnaroxe, WEDNESDAY.
CROWN SIDE.
Joseph Dell the younger, was indicted for the wilful mnr-
der of Joseph Bell the rider, his father, at Deal. on the 16th
of April, Ly shouting him through the body with a loaded
gun.
Evidenee was adduced of the crime charged, bat the pri-
soner on being called on fur his defence, betrayed an un•
cuns.ionsnes- of what was passing. There was a vacant
atnpidity in his rotinteitante, and his gestures were those of
a person bereaved of intelligence; alien Mr. Agar. the Go
vernor of the gaol, interposed, a-ml expressed his belief that
the prisoner was not sensible of what was passing, and in-
firmed the Learned Judge, that during his confinement
he had Lad frequent similar aberrations of mind. •
Mr. Sergeant ONSLow said if he had known this fact be-
fore, he shout not have suffered the prisoner to be pot
on his trial until he was in a fit state to make his de
fence.
The risitins. Surgeon of the gaol, Mr. Wbatman, was
then called. and stated that he had strictly watched the pri-
soner, an I bad reason to think that he was not at all times
sane. He was row directed to examine the prisoner. and
gave his own opinion as to his present state. Altordingly
he went into the dock, felt the prisoner's pulse, and ex-
pressed his conviction that his present state of body and
tripod rendered him incapable of understanding what was
passing, or of making his defence. His pulse at that moment
was 135. Upon %Inch, •
Mr. Sarfreant ONSLOW sail that but one course orpro-
reeding was- open—namely, to discharge the Jury from giv-
ing any verdict, and Postponing the case until the next gaol
delivery. This was not a matter of frequent occurrence,
hat lie. had no thiubt of his authority so to deal with the
case.
The Jury were then discharged from giving any verdict,
the prisoner was reminded to gaol, and the recopixances of
the witnesses respited till the next Assiies.
liilliaas Donallaa. alias Donally, was iodleted for the
wilful murder of Bridget Douallan, his %%ire.. at Chatham,
on the 19. h of September, 1518, by drowning her in a
Mr. MARSHAM (with whom was Mr. Claridge) stated
the ease for the prosecution, and called several witnesses
who deposed to the following facts. In. the year 1816 the
prisoner, who had been previously a soldier, was brought
as a deserter from Porchester gaol to the depot of the 98th'
Regiment (to which he belonged,) at the Isle of Wight:—
The regiment being then in Canada. he, together with his'
wife and chiWreo, was sent to America ; atuf in 1818 he re-
turned to this toiletry, and was quartered at liromptOn. In
September in that year he was billeted at the Duke of York
public-house, and a bark kitchen, to which was attached
lied-room, was ass;gneil to him and his family. 'His silk
(whoiwis represented to be a very repectahle women) was
then in:an advanc-d state of pregnancy. On the owning
of the 19th of September the deceased was missing. and the