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![handle is hein.slavery/ssactsengr0734 and id is 1 raw text is: power, belonging to the said parties, and was to refund such overplus ; and it was
ordered, that all proceedings at law against the said parties, touching the said bill of
fees and disbursements, should be staid, until after the said Master should have made
his report.
On the 7th of June 1817, a motion was made before the Lord Chancellor, to dis-
charge the order of the Master of the Rolls. The facts of the case, and the argument
on the application, appear in Mr. Merivale's report. (2 Mer. 500.)
On this day the case was again mentioned by Mr. Blake for the solicitor.
The Lord Chancellor [Eldon]. This Court does not tax the bill of a solicitor for
business done in the court of great sessions ; but if the solicitor, having possession
of papers which this Court orders him to deliver up, is entitled to a lien on those
papers for business done in the court of great sessions, taxation is then directed, as
incidental to the jurisdiction for compelling delivery of the papers. That distinction
reconciles the cases.
The order must be discharged.
Order discharged. Reg. Lib. B. 1818, fol. 266.
[400] GORDON v. GORDON.(1) Dec. 17, 1816; Dec. 11, 1817; June 23, July 1, 8, Nov.
9, 10, 13, 1818; Jan. 18, Feb. 27, June 29, July 27, Aug. 16, 1819; June 26, 1821.
[See Hotchkis v. Dickson, 1820, 2 Bli. 348 ; Nelthorpe v. Holgate, 1844, 1 Coll.
217 ; Smith v. Pincombe, 1852, 3 Mac. & G. 659 ; Smith v. Mogford, 1873,
21 W. R. 473; Maynard v. Eaton, 1874, L. R. 9 Ch. 420, n.; Fane v. Fane, 1875,
L. R. 20 Eq. 708. On point as to directing issue (3 Swans. 468), see Malone
v. Malone, 1841, 8 Cl. & F. 179.]
An agreement between two brothers, the younger of whom disputed the legitimacy
of the elder, for a division of the family estates, rescinded after a lapse of nineteen
years ; the legitimacy of the elder being established on the trial of an issue directed,
and the younger brother having been apprized at the time of the agreement of a
private ceremony of marriage which had passed between their parents, and not
having communicated that fact to the elder, and not possessing a legal power,
on the supposition of the elder brother's illegitimacy, to secure to him the benefits
stipulated in the agreement.
The bill, filed on the 28th of April 1809, stated, that Colonel Harry Gordon,
late of the island of Grenada, being seised of some plantations in that island, and in
America, some of which were charged with a mortgage for £5550 and interest,
by his will, dated the 1st of April 1776, devised all his said plantations to his son
Peter Gordon, since deceased, and his heirs male, and gave to each of his three sons,
namely, the Plaintiff Harry Gordon, his second son Adam Gordon, the Defendant
James Gordon, and his daughter Hannah, certain pecuniary legacies ; and if Peter
Gordon should [401] die-without heirs male, he gave his estates, so charged, to his
younger sons and their heirs male successively, the elder claiming before the younger,
with ulterior [402] remainders ; and charged his estates with an annuity of £300
to his wife Hannah, and appointed her, and his nephew James Gordon, since deceased,
executrix and [403] executor. By a codicil dated the 7th of December 1782, reciting
that he had two children by Margaret O'Hara, and that she was then pregnant, and
expressing his de-[404]-sire that his two natural children should be provided for,
the testator bequeathed his whole estates, both real and personal, to six persons
(including Margaret O'Hara), [405] named as executors of his codicil, for the purpose
of paying the legacies and annuities given by the will and codicil.
[406] The bill further stated, that the testator died on the 7th of August 1787,
leaving his widow, and his children named in his will surviving, and that his widow
and [407] Margaret O'Hara proved his will and codicil ; that some time after his
death it was discovered that the testator had made another will, bearing date on
board the [408] Grenada packet, on her passage from Grenada to London, the 5th of
August 1787, and thereby declared that his son Peter Gordon should be his sole heir,
and appointed [409] him, together with Benjamin Boddington and Thos. Bodding-
ton, of London, his nephew, James Gordon, and James Gordon the son of his nephew,
executors ; and [410] bequeathed £2000 to the plaintiff, and to each of his children,
910
GORDON V0. GORDON
3 SWANS. 400,](ViewImageLocal?handle=hein.slavery/ssactsengr0734&div=1&collection=&method=preview&ext=.png&size=3)