The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-08-09
COURT OF ROLLS.

= fai& COURT OF ROLLS. :,
Merry agSinsr tie Reu. Join Power, .. d
1tular Bishop Of Waferford.
The facts are as follows In 1904, Ma
ny Power made her will bequeathnga Con
siderable part OF ner. property to the Rev
John Power, and others, in trust Tor chariia-
bic purposes Her broti.er Joseph, then a
merchant in SPAN was her mex, OF kin and
resi6uary iegatee He Gied intes,ate ami
his son, Inc now plaintiff came over and took
out letters OF administration to his deceased
father, and brought suit in che Spiritual
Court to set aside the will, as untiuiy 6b
tanned, and dlsposins OF a large prJperty
to Pap'sts and tor superssitlous usas. In mat
court the Plaintiff applied or an admins
Traitor, hcndcnte Are. aud W as refused. he
present bill was hied praying thar the effects
might be brought INTO CCutL TINS Oil was
iiied uniy a few weeks, and row. before he
defendant had answered u motion was
made by Doctor yayasuur, Tor a L, ceiver
that Doctor Power, The acting executor
should be ordered forthwith to Dring the ct
fcCts into court; he rened on tne affidavit
OF his Client, the plaintiff, C argiDE, tnatths
VIII vas obtained by fraud By tne deIeu-
dant Power, and that a; best 1t Gould not ae
sNSeoiiAS>A' 90 O~h.Sl q SiAbS aitoSGAuST
Popish uses. Ink motion Was opposeu by
Mr. Prendegras,, who strongly argued a
gaInst the inipntations thrown out up IN ,Ae
conuuct at Decor Power by the name ui
tnis = one Jon, Power, a Popish Pricst."--.
lie insis Ell tnat under the whole circun
stances ,here was no Color Tor iDpeaohIug
the transaction that the bequests were
most praiseworhy Ihat there mad AREA
Gy been "A decree OF this court, obtained b,
the trustees OF Cb@rl able Donations, firm
ing he legality of the trusts, and that 4
would be Unprecedented tor a cJurl TO IA sr
feie III this way, and before an answer
cams IN, OF any delay or resistance ON the
part OF the defendant to put i'll has answer
Other gentlemen Oh buth SIDES argued very
zealousiy Tor ihep Clients.
HIS Honor {MR. IuRKAN) said, that #
| the question h.N been oroush, forward up
| on the mere rule VI the court, he stiuuid not
have thought 1t necessary 10 give many
reasons tor the order he intended TO make,
Dut pressed so strongly as II has beSD, DO h
by the arguments themselves, and perhaps
| more so by the style and manner OF putting
them, as well as the supposed policy wnlcn
has been Called lii toad them / tnuk
SAID bis honor, ought o STATE the grounds
upon which mean To act IN my decison.-
First thenit is urged, that this IS the Case
OF an insoivent ana wasting executor, liza
wing frauduiently obtained the Will. As to
insolvency-tobe all executor itlsuot ncces-
! sary TO be rich inlegiit, aud discre.ion are
the essential qua .iues o. an executor Il hum
bic means, thu cours has No power To CONT oi
las he may besow his property as "a "a
u whom he pleases.
| l, would be strange If he could net con
hde 1t as a trust 10 whom ne cl,ooss,;
know OF no necessary connection between
wealth aud honesty III tear chat integrity
| is not always found to he the parent or the
offspring OF riches. 10 int, iere, then as Is
now sought wiki this executor, will De little
short ct revokiUg me will. But it is SAID
that this will has been Obtaeed by FRAUD
practsed by this john Power" No DOUBT
this court mas acted, where strong grounds
of suspicion OF fraud and danger oi the pro
perry being made away with nave appear
ed; but do those grounds appear 10 tni:
courtl Here his hon + recapituiated tiit
facts sworn TO, and SAID, see no Semblancc
OF facts to Sustain such a charge Wa,
does this! - oneJnhn Power, :, P1pish Pres
| Who doe IS he turn on, to be 1 hnd ne is aCa
| tho!ic Giergyman.--a doctor ia divinity, ant
the titular bishop in the diocese OF Water
ford. Aud yet / am now pressed 10 be
lieye that tins gentleman las obtained INA,
will by fraud. Every tact now appearahg
rePels the charges; cannot but say th'
personal character OF the person "ccaset
repels il tnore strongly. Can J be brUugh
on grounds like these now before me, 10 DC
leve that a man having the education OF ;
scholar, toe habits Of a religious lie, anC
vested with SO high character IN the rn
nstry OF the gospei, could be capable OF s.
despicablc pr phana,ion AS IS flung 80
upon him Can forget that tie is Chris
tian blshop, clolhed no, ia the mere auth i
ty OF d Sc, but clothed in the iudelIb cha
racter of me Episcopal order, Suffering %
dimnut on from his supposed heterodoxy
nor drawing any increase or ccnhTmano
from the merits ot his conformity, shoan
he thiaA proper TO rsuennss wa&t we ca