Court Of Chancery, Friday...
LAW REPORT. The Loni CFIASNCELLOI proceeded, as soon as he took his seat, with the continuation of his,judgment in this case. Having reviewed the various documlentsgiven m evidencedown to theproceedings upon the commission of lunacy, his Lordship observed that this vastmass ot documentary evidencc furnished a strong presumption in favourof the legitimacy of the lunatic; for it was impossible to suppose that the parties to those deeds of settlement, if they knew of his illegitimrcy, would deferat their own object (which they freque.tly expressed to be to continue the propertv " in the nanie and blood of the Cottons") by entailing it, as they did, upon him. To be sure, that was still open to the observation, on the other hand, that all this might have been done under a misconception. His Iordsh;lp next took a review of the proccedings ils the lunacy, and said that he co,ald fintl nothing in them to countcract the presumption of the le- gitimacy of the lunatic. On the first trial a severe struggle had been nmade against thermarriage of 1742,for undoubtetUy thefact oftthatmar- riage had a powerthid tendency to throw a presumption of illegitimacy upon the two clhildren who hiad been born antecedently to it. With re- spect to tlhe circumstance of the huisband being styled " bachelor," and the wife " spinster," upon that occasion, he did not think there vas much in it. for it wlas not improbable that surrogates in the coun- tryshould say to aparty, " If you are mayriUdbefore, there is no oc- casion for your being married again; * and if you are not married be- 'Ore, there is no great harm in caUing you bachelor." His Lordship here adverted to the case of Lord Berkeley. Then as to the marnriage in 1742 being a secret marriage, unquestionably that was a most imsportant fact; but mieht it not be accounted for in this way? By the deed of 1726, if William, the son of Rowland,married witjout the consent of his father, he was to for- feit the life estate; therefore, if there was a reason for a second mar- riage taking place at all, the same reason which existed for the first marriage being secret, also existed for the second marriage being secret. The question then was-whether the m--arriage of 1742 had not relation to a previous contract, for the purpose of legitimating the children, particularly wlhen one looked at the object afterwards esr.-cssed in the subsequent settlements, of continuing the estates in the name anl blood of the fatnily. With respect to tlih law of the ease, if thc question arose apon the law alone, he (the Lord Chan- cellor) ought to retire from it at once, and call for theopinion ofa Court of law upon it. Then, coupled as those points of law were with con- tradictions in thie evidence, his final opinion wa-, this, (first avowing that he thought he had miscarried iii not delivering over the posses- sion of the estates to the heir at law of the lunatic,) that the best thing he could do in this case was to direct a trial at bar, and thereby have the opinion of al: the Judges ofthe Court upon the law; and have all the contradictory evidence finally deCided. Let there be, therefbre, a trial at bar in the Court of Kinig's Bench. The SOL.ICITrOT-GESE RAL asked if his Lordship would reverse the parties ? The l,onri CHANCELT,OR.-It has twice gone to the jury in this shape, and sbhll go a third timie. IN TItE MATTEIt OF sIR G. P. TUtRxERl. Mr. P1111.LImoutE said, this was a petition praying liis Lord- ship to confirm the Alaster's report, appointing the committers of the estate. In conseqrtence of .Mr. Binns having declined permis- sion to traverse the inquisition, AI r. Davisoa had applied for leave to communicate with biir Gregorv, in order to ascertain whether or not he ought to undertake the traverse. Having obtained permis- sion to do so, he availed himself of it, but had not intimated his de. termination to proceed with the traverse. In the mean tir.te, the de- lay was producing the most ruinous consequences to the estate; exe- cutions were comring up every day, those persons claiming improper debts availing themselves ofthe present opportunity. The commit- tecs, therefore, were anxious that the M51aster's report might be eon- firmcd, in order that they might put a stop to these proceedines, and separate the proper from the improper debts. lUr. TRESLOvE, on behalf of .lr. Davison, stated that Mr. Da- vison had bad repeated interviews with Sir Gregory, the result of whlich was a conviction on his mind that Sir Gregory was not a lunatic; but he (M\r. Davison) could not undertake to traverse the inquisition at his own expense. He held iri his hand a letter received yesterday by ALT. Davison from Sir Gregory, written, he understood, without any dictation whatever, which he would read to the Court. [ The letter, whicrl was couched in very rational language, directed Mr. Davison to oppose thse motion for confirming the appointment of committees of his estate, and to consult with MIr. ''reslove on the subject of asking the Lord Chancellor to examine him (Sir Gre- gory) personally ; and suggested that the Chancellor mnight direct mortgages to be raised on the property, pursuant to the act of Pa>- liament, for the payment of the expenses of the traverse.] He (Mr. Trcslove) understood that that letter was perfectly genuine, and cer- tainly it did not betray anv unsoundness of mind, although the writer was mistaken in point of law as to the Lord Chancellor's power of raising morney by mortgages upon the property before the party was a confinned lunatic. Sir Gregory was most anxious that the traverse might be prosecuted. The LORD CItANCELLOIt did not see how to get over the diffi- cuity. The law gave the party a sight to traveTse the inquisition ; but it gave the Court no control over the funds until the lunacy was finally established. Ile (the Lord Chancellor) informed the personsI who applied to be appointed committees ad interim, that if the in- quisitnon were successfullv traversed, the expenses which they would lhave incurred would be afl out of their own pockets ; but they said they were willing to uindertake that risk. He had already seen Sir Gregory Page T'urner, and he could not say that the interview in- dIucedlini to think that the inquisition would be effectually travers- ed. Then, how could he puit it in Mlr. Davison's power to traverse the inquisition? He could not raise mortgages upon the property until the lunacy was confirmed. He was therefore bound to take advan- tage of the offer of these gentlemen ; and, subject to the condition he had before mentioned, to confirm the blaster's report. MIr. PEMBERTON said, that a part of the prayer of the petition was, to refer it to the MIaster to report what would be a suitable allowance for the lunatic, together with his wife and family. The LORD CHANCELLOR asked how he could do so, while the traverse was pending ? Mr. PEanEs3ETON said, thst perhaps his Lordship would linit a period for preceeding with the traverse. The Lonn CHANCELLOR said he had not the power. After sonie discussion, Mr. P.E2uDsEtTON said that Sir Gregory should be conferred with on the subject. COURT' OF CANJ;BRY. FRIDAY. MAY 7. RPV.R V. A'ARn-