Glasgow weekly times. (Glasgow, Mo.) 1848-1861, 1859-07-07
The Great Thellusson Case.

This important and singular case has
just been decided in London, and deser-
yes at least passing notice. The facts of
the case are these: Peter Thellosson a
merchant of the City OF London, died in Ju-
ly, 1887, leaving 100000 in money and
land, TO the annual value of "a SOD. He
left three sons, Peter, George and Charles,
and six gradsons. BY his will, dated in
1876, after several small legacies, he de-
pose Of the money being laid ont in the pur-
chase oil land, the rents as received TO be III
vested in a similar manner. This acumu-
lation was 10 continue until the death Of
Tho survivor OF all his descendants -nine
in uumber-who should be living at the
time OF his death. The total was then 10
be divided into three portions. one 10 go 10
each "eldest male lineal descendant OF
his respective three sons. This will ter
minated With an appeal 10 the Legislature
not 10 alter II, the testator submitting that
he had earned his fortune by industry and
honesty. HIS will was respected by the
Legislature, but il gave 10 the testalor's
memory the compliment Of vanity. iiliber-
ality and folly" and TO mark their disappro-
baton they enacted by statute Both and 10Th
Of George ILL.,, chap. SO. that the power
Of devising property for the purpose Of ac-
cumuation should be restrained in general
TO twenty-one years after death OF the tesla
tor, II the wishes of Peter Theiusson had
strictly carried out, the property 10 be d.
vided would have amounted 10 upwads of
ESQ, 900 000, but for sixty one years q
series OF Chancery suits were instituted by
various persons who hoped 10 grasp por
ton OF the il: mense wealth lying idle and
unenioyed before them, and the expenses of
Chancery and other costs have so reduced
the estate that but little, if any, more than
the original bequest remains to De divi-
ded.
The event mentioned in the will-name-
ly, the death Of the survivor Of the nine
lives, happened in February, 1886, when
/ four new bills were hled, for purpose Of
| having il declared who was entitled to the
properly, which was now 10 be divided in
to moietes, instead of thirds in consequence
of the death of George, one of the Tesla.
tcr's sons, without issue. Four persons
claimed 10 be entitled 10 moielies, OF the es.
'tale-Baron Rende>ham and Charles Sa.
bine Augustus ThelIussor, and being the
eldest male descendants in point of lineage
Of Peter, Isac and Charles respectively, and
Thomas and Arthur Thellusson, as being
the Oldest descendants in point of years oI
those persons. Alter some discussions, il
was decided by Lords Cranworth, ST. Leo.
nard Brougham, and The Lord Chancellor,
| in favor Of Baron Rendlesham and Charles
Sabine, Augustus Thelus>on, as the eldest
male lineal descendants in point Of line of The
tesiator's sons Peter and Charles; as ii was
evident from the context OF the will, as well
as from the technical meaning of the words
that the testator intended The eldst in line
10 take, and sfbt The eldest in years. The
appeal was, therefore. dismissed, and the
costs OF all parties paid out ofthe esfate.-
TIE sentence in iatIles explains why, The
Great Britain, Chancery has such destroy
ing effect on estates, and also why contro-
versy is so common. The winner must
pay, according TO Chancery desisions.-
New York Cour. and Eng.