3^4 



ANNUAL REGISTEii, 1805. 



■nithout any farther explanation, 

 bore an indofinite signification, not 

 sufficient to create a trust for any 

 specific purpose in the bishop ; hiv 

 honour decreed, that the property 

 should go to the4)Iaintifl', as next of 

 kin. From this decree the defen- 

 dant appealed ; and the cause came 

 on to be heard on Monday tlie 18th, 

 before the chancellor, whpn it un- 

 derwent a very long and able discus- 

 sion, by the attorney general, Mr. 

 Richards, and Mr. xMartin, for the 

 appellant; and Messrs. Komillyand 

 iiell, for the respondent ; in the 

 course of which, much legal argu- 

 ment and logical reasoning were dis- 

 played by the learned council on 

 each side, upon the question, whe- 

 ther the words " acts of benevolence 

 and liberality" could be considered 

 as meaning '' acts of charity ?" For 

 this purpose, authorities from Holy 

 Writ, from Cicero, Dr. Paley, the 

 statute of Elizabeth, and a number 

 of decided cases, Mere cited. The 

 lord chancellor, after commenting 

 on the whole of the case, considered 

 that the words of the will were too 

 indefinite, too vague, and too un- 

 certain, to create a trust in the 

 bishop of Durham ; and, therefore, 

 he was of opinion, that the decree 

 should be affirmed. 



This day Mr. Philip's auction, 

 room. New Bond-street, was 

 crowded with nobility and persons 

 of distinction. After the sale of 

 several choice lots of china, statues, 

 &c. Mr. Philips stated the condi- 

 tions of sale of the elegant house and 

 furniture, in Hill-street, Berkley- 

 square, belonging to Mr. Robert 

 Heathcote. The auctioneer refer- 

 red to the printed particulars, which 

 were in the hands of the company, 

 for the minute description ot this 

 ei^gaat aiansion, hej^ vnisv a 



lease from earl Berkeley, for ao 

 unexpired term of 39 years, at a 

 ground rent of 111. 7s. Gd. ; and, 

 he stated, that the cost to M. Heath- 

 coate had been as follows : For the 

 lease, 60001. ; to Mr. Cundy, the 

 architect, %vhose taste and judgment 

 had been so conspicuously displayed 

 in the new arrangement and fitting- 

 up of the house, and particularly in 

 the erection of the new and superb 

 library, kc. 65511.; to Messrs. 

 Marshall and Co. upholsterers, for 

 furnishing, 60201. ; for looking- 

 glasses, 15001. ; for chandeliers, 

 4821. ; to the artist, for painting and 

 decorating the Egyptian-hall, 6101.; 

 and for stores and sundry fixtures, 

 2001. ; making together a sum of 

 21,2031.; for which expenditure, 

 be was ready to produce the bills, 

 should the purchaser desire it. After 

 stating, that every article in Mr. 

 Heathcote's house at present, except 

 plate, jewels, linen, books, pictures, 

 wines, china, glass-ware, and ap- 

 parel, -would go to the purchaser, 

 the biddings commenced with 8000 

 guineas, on which several advances 

 were made from different parts of 

 the room, till they got up to 10,0001. 

 when the contest lay entirely be- 

 tween two gentlemen, who were 

 rather tardy in their advances of 50 

 and 100 guineas at a time, till at 

 length it was knocked down at 

 12,000 guineas to P. Philips, esq, 



20th. A piece of freehold land, 

 about 18 yards square, situated ia 

 ^V'idemarsh.street, Hertford, was 

 sold, hy auction, for the amaz- 

 ing sum of 24Srl. being at the 

 rate of 5l. 10s. the square yard, and 

 nearly 26,7001. per acre. 



21st. This afternoon, as the boat 

 belonging to his majesty's ship An- 

 telope was coming to the jetty at 

 Yarmouthj she upset, aad out of 



eleven 



