Court Of Chancery, Saturd...
The Times, 1824-02-23T00:00:00

LAIF REPORT. lIn tl report of theproceedingt ln thiszappeal,whlch were.openet during term, we stiti thAt4i zearded the c nstruetion of a wil .nde by Dr. Treadway NasIh-f Eierefordshire. His daughter was msfried to Lord SomersM--id tha lands were charged wvith a suitable jointure. Aferwards tbe doctor succeeded to other lands wbich had been held bv hisab,other,and was thentskenwiththe desireofraising whit is Wclled a sccolid family. Accordingly, he demised some of hits brother's lands to be given in cxchange for a portion of those which he haLd conveyed to the uses of the maryisge settlerent, in which Lady Some%, was to take a life interest, and they were then to gto the second son of her ladyship, who was to adopLand perpe- tuase the saccessodc in the name of Nash. The question was, who what juncture of 'time dida the character become fixed; or if mot Yet fixed, as was contended by the trustces, when and with whom would the reArainder vest. It had been contended that dte remainder vested, and that tile trust of the doctor's *will vwnt into complete effect, as soon as the conveyances which worked the exchange of the lands vcre made by the several branches of Lora Somets's family and the trustees. The relative character o the parties had, however, changed in the mnean time. The eldest or. of Lord Sovters fell in some of the gallant aft'airs in the Penm. culz, and Mr. Cocks, hitherto the second son with whom the re- mainder wasthen unquestionably expectant, is now eldest, bcaring the title of Lord Rastnor, and imnmediate heir to that of his fa- ther. It was therefore msintained on the other side, that a& therc ws no actoal dcfinition of any particular person who was at the time of making the will to be considered as thissecond son, tlle .c ter could not attach until the death of LadyhSoimers and it lwVS considered to be reasonably strong proof of tlis, tbat her ladyship took an estate for life in the very lands so to be fixed. The' Lor CHANCcELLOn haZd on a former day suggested a doubt, which seemed greatly to impede the legal practicability of upholding this speccies of remainder, by aaking the counsel, to whonm tE trustees of the will could have conveyed tne lands which they held in trust, -supposing that it could bc shown incontrovertibly. that they were beund to convey in the life.time of Lady Somers ' The appeal, however, did not imnmediately refer to these questions. but to the previous proceedings upon then. There had been twc decrees-one trom tirc iBlaster of the ltoJ1s, and an amWnCu czct frotl the Vice-Chancellor, each of which took a separate construce tiou of the Intention of the testator for the basis. An act of arlia. ment which had been passed to releaqc the lands of the marriage- settlement from the jointure of Lady Somers, with a view to Tarry. ing the will into eftect, had cnacted the fbulilment of the wrong decree, and the appeal was brought with a view to.obtainin6g somr mrc for this mistake. The LORD CHAYCELLOR now reviewed the contents of the will, and acknowlcdged the great difficulty whiclh he found in deter- ninl.ng fbr eitber.9f the constructions above describedL A greater Ziicultv tban this opposed itself. He very much questioned the w.'r of hit own jurisdiction to review and alter any thing which had been done by the su-preme Court of Parliament. Upon thiz point, therefore, he must stop until he had obtained better liglhtt than he at present possessed; and accordingly ire requested all thx counsel concerned -to turn their reading and attention to it, and or some day not far distant he would call upon them to let hin>. Lnov what they hatl to communicate. COURT OF CRANGERY, SATunDAX', igl,21. COCS V .BARCLAY; .