Hon. Wm. Pole T. Long Wellesley, - Appellant; William Richard A. P. T. L. Wellesley; James Fitzroy H. W. P. T. L. Wellesley, and Victoria Catherine M. P. T. L. Wellesley, Infants, by the Hon. Philip Pusey, their next Friend, - Respondents
| Jurisdiction | UK Non-devolved |
| Judgment Date | 01 January 1828 |
| Date | 01 January 1828 |
| Court | Privy Council |
English Reports Citation: 6 E.R. 481
APPEAL FROM THE COURT OF CHANCERY.
Mews' Dig. vii. 1487; S. C. 2 Bli. N. S. 124; in Court of Chancery, sub nom. Wellesley v. Duke of Beaufort, 1827, 2 Russ. 1. Commented on in In re Goldsworthy, 1876, 2 Q. B. D. 82; and See In re Agar-Ellis, 1883, 24 Ch. D. 323; Guardianship of Infants Act, 1886 (49 and 50 Viet. c. 27); Custody of Children Act, 1891 (54 and 55 Viet. c. 3); In re, Newton (Infants) [1896] 1 Ch. 740; In re A. and B. (Infants) [1897] 1 Ch. 786; in re X. [1899] 1 Ch. 526.
[152] appeal from the court of chancery. Hon. WM. POLE T. LONG WELLESLEY,-Appellant; WILLIAM RICHARD A. P. T. L. WELLESLEY; JAMES FITZROY H. W. P. T. L. WELLESLEY, and VICTORIA CATHERINE M. P. T. L. WELLESLEY, Infants, by the Hon. PHILIP PUSEY, their next Friend,-Respondents. [Mews' Dig. vii. 1487 ; S. C. 2 Bli. N. S. 124 ; in Court of Chancery, sub nom. Wellesley v. Duke of Beaufort, 1827, 2 Russ. 1. Commented on in In re Goldsworthy, 1876, 2 Q. B. D. 82; and see In re Agaw-Ellis, 1883, 24 Ch. D. 323; Guardianship of Infants Act, 1886 (49 and 50 Viet. c. 27); Custody of Children Act, 1891 (54 and 55 Viet. c. 3); In re, Newton (Infants) [1896] 1 Ch. 740; In re A. and B. (Infants) [1897] 1 Ch. 786; in re X. [1899] 1 Ch. 526.] Jurisdiction of the Lord Chancellor in the Court of Chancery, to1 control the authority of the parent over the children, or to deprive him of their care and H.L. vi. 481 16 I DOW & CLARK. WELLESLBY V. WELLESLEY [1828] custody, for proper cause, long acknowledged and acted on, the Court below, now for the first time affirmed, on appeal, by the House of Lords. In the month, of March 1812, Catherine Pole Tylney Long, who was entitled to certain estates in fee, and to others as tenant for life with remainder to her first and other sons in tail male, producing an income of about £40,000 per annum, intermarried with the appellant, William Wellesley; and by her marriage settlement, £13,000 a year was secured to her as pin-money, and subject to the payment of that annuity and some other sums, a life-interest in the estates in fee was given to the husband; a power being reserved to the husband and wife to charge them by way of mortgage with £100,000, and the entailed estates were settled on the husband during the joint lives of him and his wife. The £100,000 were raised; but Mr. Wellesley, notwithstanding, became so embarrassed, that in 1821 he found it necessary to go to the Continent to avoid his creditors, and he and his. family [153] after some months spent in France, took up their residence at Naples; and there, in May 1823, they renewed their acquaintance with Mrs. Helena Bligh, whom they had known before, and who about that time had come to reside at Naples with her husband. On the 1st of July 1823, Mrs. Bligh left her husband's house, and took apartments for herself in another quarter of the city, alleging as the reason the ill-treatment which she met with from her husband; but rumour ascribed the step to her having a criminal intercourse with .Mr. Wellesley, and to contradict this report, Mr. Wellesley made an affidavit before the British Vice-Consul denying the truth of it. Mrs. Wellasley thought Mrs. Bligh innocent, and took her to reside in the house with herself and her husband. In October 1823 the family proceeded from Naples to Albano, and from thence to Florence, where Mrs. Bligh continued to reside with them till December 1823, when Mrs. Wellesley, though she still believed Mrs. Bligh to be innocent, thought it proper, in consequence o-f communications received from her own and Mr. Wellesley's relatives about the reports which were abroad that a criminal intercourse was going on between Mrs. Bligh and Mr. Wellesley, to inform Mrs. Bligh that it was absolutely necessary that she should quit the family, and return to her own friends, who were ready to receive her. Mrs. Bligh left the apartments which she occupied, but continued in another part of the hotel without Mrs. Wellesley's knowledge, and was in constant habits of intercourse with Mr. Wellesley. In May 1824 the family went from Florence to Paris, where Mrs. Bligh had arrived before them. While at Paris, Mrs. Wellesley at length was convinced that a criminal intercourse was carried on [154] between Mrs. Bligh and Mr. Wellesley, and wrote to Lord Maryborough, Mr...
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W. R P. Tylney Long Wellesley and Others, infants, by their next friend, - Appellants; The Hon W. Pole Tylney Long Wellesley, - Respondent
...and others, infants, by their next friend,- Appellants; The Hon W. POLE TYLNEY LONG WELLESLEY,-Respondent. [Mews' Dig. vii. 1487; S. C. 1 Dow and Cl. 152; in Court of Chancery, sub nom. Wellesley v. Duke of Beaufort, 1827, 2 Buss. 1. Commented in In r-e Golds-wonthy, 1876, 2 Q. B. D. 82; an......
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Between William Richard Pole Tylney Long Wellesley, James Fitzroy Henry William Pole Tylney long Wellesley, and Victoria Catherine Mary Pole Tylney Long Wellesley, Infants, under the Age of Twenty-one Years, by the Honourable Philip Pusey, their next Friend, plaintiffs, and Charles Henry Duke of Beaufort and Others, Defendants. Nov. 5, 7, 9, 1825; Feb. 21, 24, Mar. 17, 18, 21, April 18, 1826; Jan. 16, 17, 18, 22, 25, 27, 29, Feb. 1, 1827
... ... , to what person or persons willing (other than the Petitioner, the Hon. William Pole Tylney Lonij Wellesley) to undertake the same, the custody ... ...