The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1862-04-29 00:00:00

CAUNDLE MARB El.-IMPORTANT WILL CAM

COURT OP PROBATE, Arirt, 24th.
Before Sir C. Careamera, ;mai thunaalT.
(Speciagy takemby the Dorset Cossety Eapreee Reporter.)

PAROOND v. MARWEI AND MANDL

This Was a suit to try the validity ef a will made by
Yr. Solomon Brake Strong, of Catuidle Marsh, in the
*minty of Dorset. The pteintlft, who wee the nephew
of the deceased, and named sole executor and legit..,
propounded the instrument. The defendants appeared
before the court as next of kin and miminisittatene of
testator's estate, with& will sawed, dated as far hack
as 1824, in favour of ,testater's wjfe,who has ewe
become deceased. The instrument an question was
found under circumstances somewhat pastillas, if net
auspicious. The defendants alleged that the will was
not duly executed, that the signature of the Umtata.
was not in Ids handwriting, that the vignetting of the
attesting witnesses were not written by them that the
instrument was contrarl to the known intentions of the
testator; in short, that it was a fraudulent and forged
Instrument.

Dr. Swabey,in opening the pleadisiga.said that the air.
eumstances of the ease were rather remarkable. The
testator was a widower, and the plaintiff Parsons was
his nephew, who had lived with him and managed his
farm for has, fifteen or 'lateen years beim* hillateletb•
It would be proved that the testator bad treys ex.
pre‘sed his intention to leave his property to his
nephew. The testator died on the 24th of April, 1881,
and was buried on the 3rd of May following,, when the
will of 1824 was found. That will was in favour of the
wife, who was also deseased, and the defeadants applied
for a grant of administration, with that will annexed.
On the 28th of May following the will, the 'abject of
this inquiry, was found ander circamstanoes which
would be laid before the wart, and which there was no
doubt would prove the will to be a genuine instnunent.
Charles Bishop, wheelwright, examinel by Dr.
Swabey : I .am a carpenter and wheelwright living at
Bishope Caundle. I knew the late Mr. Strong. I re-
member seeing him in Sharborne about that time. I
remember his engaging me to go to big bowie to make
'some repairs. When I entered I ssiw Mr Strom, Mr.
Toogood, and Mr. Beach. I saw a paper in Mr. Strong's
hand. I saw Mr. Toogood sign it, and also Mr. Beach.
Mr. Strong then held the paper to the are and wen* eP
stairs with it. He Came down again after throe or fear
minittes.SEd all three went out. Ido not bsow what
that paper was. (WM headed to witness.) It was like
this paper. I believe this lithe same paper. I know
it by the seals and a blot on a particular part of it. I
hare seen the late Mr. Strong's writing, and I think
this ill his handwriting. I ham also seen Mr. Beach's
writing. I think this is his signature.
Cross-examitedhy Dr. Deese: It was abas* two es
three o'clock in the day whoa I went to Stroag's beam
I cannot shear positively to the handwritings, sal only
saw Mr. Strong write five or six times. I oaly saw Mr.
Beach write a few times. Ima no scholar.
Thomas Parsons examined by Dr. Swahey: lam the
plaintiff in this cause. The testator was my uncle. I
lived with hint between fifteen and sixteen years. I
worked for him, net as a servant for wages. lam not
aware that the testator had had any particular illness
about two years before his death. Mrs. Mash,
the defendant, Waal& sister. Before the month of
October 1858 my swaielapoke to me about his wilL Ho
had spoken to nit prodibusly on the same subject, about
twelve years ago, but Icannet respollect exactly. B.
said that if I continued to live with him he would ham
we all he possessed. He had repeated this many times
before his aleirth. - His property amounted to &heat
1.700. He farmed about 112 acres of land and he bad
some land of his own besides.
Dr. Swabey A.fter October, 1858 shortly before his
death, did lie say anything to you about his pm
pert;?
Dr. Deane objected to the question, on the /resod
that any deelaration made after the execution eta will
was not adinimable.

Sir C. ilii;sweirl. Have you aay authorities on the
subject, Dr. &valley?
Dr. Swabey Yaw lordship will reoelkot a ease in
which: Lord Campbell decided that a dell:ration after
the execution of • will was admissable where fraud, or
incompetence, or undue infamies was imputed. Your
lordship has decided to the same effect.
Sir C. Cresswell : But here the fact of the will is dis-
puted:

w B•a—minsition @maimed : The testator died on the
24th of April, 1861. Ido not know bow soon after his
death march was midis for his will. I Marehed, in eela-
Paa7 with Parmer Beech for a will, bat amiumessfalle.
At lavt we went into a " lock up" room where testator
was in the habit of keeping his accounts and property.
There was an oak chest IR the room, a abettor drawers,
and a bedstead. We also searched there and found 1
paper purporting to bee will bearing date sometime is
1824. This will waa drawn up in legal form, evidently
by a professional man, hat Was nnexemated. labored
it to Farmer Peach on the funeral sight. We &and"
)4
agreement for the farm betw;tni Mt ' Marsh, the
husband of the defendant, and
,:i= 1,1,1,
a bureau in a room below. 7.1" k we .
search for a will. On the 28144 Me mint again
into the "lock-up"—Fanner Peach and lagesd---"
looked about everywhere, At last I observed a hole
in the floor. It was a hole large enmesh in pet 70°
hand through. I put my hand in and took out a lot of
envelopes. There were between twenty adtwor
While! was in that position I observed an envideps
with seals on it. Peach picked it op and I asked his
what it was? I did not give It him immediately,. hat he
asked me what it vie. My brother James eame mm o the
room shortly afterwards. In conammenee of what my
brother said, I went to Mr. *miter. Mr. Meseiter is
the rector of the pariah of Caundle. Mr. Meseiter mum
and went into the mom with me. Mr. Meagher took
the paper and read it over, and then said to um 00
0°
and saddle the pony, and go off to Mr Pooks directly
Mr. Nuke is tin lawyer. Farmer Pesch is since dead.
I had frequently seen my, tides handwriting. The
writing in this piper, which is the same as wAs then
picked up by Farmer Peach, is the writing of Solomon
Brake Strong. This was • will bearing date October
1858, appointing him sole executor, and leaving to him
all the property of the testator. I am snre It Is 116
handwriting: I know the posket book produced. The.
Is a same written in it. The writing is she that d
Solomon Befk• atawai.

Creecexamined by Dr. Desna : My uncle di, d on
the 24th of April, and se,s Lulled on the 3rd of Nay
following. I don't racolL it of ii rikitig any search for
his will on the nights of his (um raL I soca'. that I
don't reeollect. Nobody lal access to the room in
which the will of ISM w., font.] hut inysolf ; el a` ia. I
kept the key. I cannot reeolleot whether fernier
Poach and myself,. or myoolf and Mr. lilt 'mitt r hod
eesarlied for a will in this tools before. Ido not know
how often I hod been in this " lock-up" room &tweet]
the permits of tie lc-tater's eeeth and the tiirlingol the
will. There was an old owk chest ii. the room ; thole
were no curtains tor bedch thes, nor hanging of any
kind in the room. I cannot swear whether or not I
had been in tie "lock-up" room once or sin limes. I
cannot WONT whether this partimilar room o as searched
before by Mr. Mesaiter and toy-elf. I kept the key.
The key same to be in my potams'im because a abort
time before lime &soh the deceased gave it to me. Ile
said" Here Tom, take the key. take all, and pay all."
I knew n.yown weiting. The writing in the book pro-
duced is mine, it is my account book. I see the
passages marked, they are in my handwriting. I see a
pat-tinder passage marked. I cannot Owens. to it.
Other people else wrote in this book. I cannot swear
whethee it Is my handwritng. I cannot swear whether
tt is or net. Ido not think the writing in the body of
Use will is the same ante this book.
tar C. Cresswell : Think ! do you swear it is not?
Witness : It is not. I know the pocket-book,
I believe the handwriting in it is that of the
testator. I know these papers, consisting of
a cheque aid four deposit listen. I cannot
swear whose handwriting they are in, but I believe
they are in the lisedwriting of i'.eco ased. (Several
doeusenots were banded to the with, ss, with • view to
teat his knowledge of the halide riting of the deceased,
and if his own' epos which lie was examined at great
length. and he &nisei that lie had ever written any
past of the will is question. He wan ordered to write
his own came, which he did at the registrar's tab., and
his 'armature was Lauded up to the judge for his inspec-
tion, end or lend to be pat in with the otter papers.
The Rev. W. Alford, exesniuesi by Mr. Clark : I am
' rector of Yolks, iii Doreetabire. I know the late Mr.
Toogood, whose nenie is sighed to this will as an attest- '
ing witness. He nsod to cvlect the parish rites and
sign the receipts for tones rod rates, I knew his signs.
tam I believe this to he his signature. I had
Ontilltall SO NM has signature very often, though I was
not so mill acquainted with his general handwriting. I
believe this to be his signature.
Close-examined by Dr. Deane: Toogood was in ill
health. Hp bad had • paralytic sinhe a short time
helm hie death, Indeed, he bail of paralytic
attacks.. lite Yeas net alle he go any siii.tann from
home. The house of Strong is about a mile era mile
hod • bail from that of Toogood. He was able to
walk a little. I think lie might have been able to walk
. to the house el the deceased. Toogiod died in 1860,
sect his first attack was three years preeiomly.
3ittOet Persona, of Bishops Caundle, examined by Dr.
Sestbey : lam brother of the plaintiff. I remember
the marching for the will I identify the will as the
same paper picked up by former Peach. I know it
from the eircumetauce that the words " 141bs. of cheese"
are written on the cevelope.
Crossoxensined t I can't say whether I was in the
"lock-up" room with my brother ease or six times be-
tweeu the &nth of the testator and the finding the will
ot'Oetehte, 1858. I know it is the wane paper that was
tonet4l became I think for 141 be. of cheese to be written
Mush • plaee is somewhat remarkable.
!tee. Robert Measiter : I ant rector of Canndle. I
knew the deceased, Solomon Broke Strong. He was
churchwarden and overseer, and used to collect the
rates. I saw his signature very often, and therefore
loam it pretty well. The signature at the bottom of
this paper (will Moiled up), is in his handwnting. I
believe the body of this paper is also in his handwriting.
I remeniber the plaintiff, Thomas Parsons, sending me
this paper, He told me the circunistances in which he
-Ihund It, He asked tne "Is it good for anythingr
Wiens read it? told him to go off to Ids solicitors at
sum I beliem I had the will in my possession a whole
nigh*,
. By the ('nest: Strong was an illiterate man. Ile
was at all times very unwilling to write. It was with
difficeity that he mold be got to write a document of
any length.
•By Dr. Swabey : I have had conversations with the
late Mr. Strong about his affairs. I was the clergyman
who attended him in his feet illness. I then asked him
whether he had pet his affairs in order. He said he
had snede his will. I haul had conversations with him
mica the Nollejteat before the year 1858, end knew of his
intestiori to keve his property to the plaintiff. I bad
always milerstood Thema. Parsecs was to have his
property. The book produced is my vestry book. The
. signature, "Solomon Blake Strong," is the signature of
the testator. His siguature was necessary. We were
raising 41100 for a caw church, sod it became necessary
to bare his signetere to the receipts. I believe the
sigh tare to the will and the signature in this book to
terve been written by the same person.
rmes-examined by Dr. Deane: Tile testator evinced
en istinspeeltioe to writing anythine so long ago as 1856.
if. might have spelt hi name variably Brake or Brick;
have Writes Folk or Folk*, Pool or Poole. Many
people de either he hurry or ignorance.
. Omega Scott, a publican at North Wootton,
examined by Mr. Clark: I knew the person, John
Beach, whom signature is here as an attesting witness.
He was an auctioneer at Poole. I believe this is his
, Bloaters. I had many opportunities of secipg Beach's
handwriting.
Kit E. Knight, examined by Dr. Smiley: 11 am •
ditiore to the late Mr. John Beach, of Poole, whose
mem is signed as attesting witness to the will. I
- fteerwileft Mr. Strong's illness and death. I remember
eueseftg Mrs. Marsh, me of the defendants, • short
time before Strong'a death. I had some conversation
with- jarneeheista.Bearong's. affairs. She said that she
went, ant go to see Strong any more, as he had made •
will and left WI Ste property to-Thoriss Parsons. My
• . Mother died in February, last year. He was about
sixty years of age.
Mr. Rickman Anthem said he was managing clerk to
a solinit,r at Poole, and also carried op the Manlius of
'bookseller. Beech tied to come to his office and write
very freqeently. Saw hitu write on those occasions.
Wine the signature to the will was the signature of
John Beach.
Cross-examined : Mr. Beach's mind failed him shortly
before his death, his writing was very irregular. He
wrote variably. I believe it is his signature.
Mn. William Parr: I am solicitor of Poole in Dorset.
Dime Beach. He conducted a very large sale for me
Wore his death. I think this his signature.
Crosseexamined : It is cot like his handwriting
'when is health, but luring the latter part of his life he
wrote very uneertainly. There in, however, something
about the general character of the signature that led him
to think it wee Beaeh's signature,
This closed the ease for the plaintiff.
Dr. Deane, in opening the case forth,, defendant, said,
that there were a number of suspicious eircunistances
attending the fading of this will. The first was,
that no person had had wefts to the room bat
Else plaintiff, and no one was permitted to have access to
; mad next, that this room, as well as the other rooms
of the house, were thoroughly searched by the plaintiff
mg Farmer Peach, who had been so mach spoken of.
Then again, the two attesting witnesses wore dead, no
that we could not prodiee either of them to show that
the will was executed according to the statue in the
presence of each other. Next was the absence from the
hes of the instrotneht of the day of the month, by
whit:tit we would be able to teat the veracity of the
stateineet made by the wheelwright Bishop. But there
was mother eireumstanee which mamboed the snspicion,
naively, that this farmer Peach, who made the search,
and is said to limo picked up the will, is else dead, and
we have no ouroborative evidence, whether this paper,
milled a will, was Nand by Peach OT not. Coupled with
these ccaidention, wes the evidence given by the
alergyenirn, the Rev. Mr. Meuiter, who said that Strong
had •- marked indisposition to write at an. Yet here
was a document of considerable length. It would be in
evidence that it was not the intention of the testator so
to &pees of his property, and that if he had made any
, will at all he would have employed professional
aseistence, as he had in the cue of the old will. The
-mart would hear what were the intention of the testator,
and witnesses would be placed in the box, who would
ensiles a decided opinion that each and every one of
these denatures were not genuine, but were fradelent,
by which, 11th. Court believed them, the will would
be then Invalidated.
Merles Marsh„examined by Dr. Doses,: I am the
plaintiff in the cue. I knew the late Mir. Strong I
knew him an my life. I remember his death. I re-
member asking the plaiutiff, Thomas Parsons, whether
there was a will. I asked him several times. Ile
answered, No. asked him upon one occasion, when
he said there was swill found, but it was no good. I
remember heariog of this will. I don't believe the
signature to the will is the handwriting of the late Mr.
Strong. I have Thomas Parson's account book in my
hand, and Limbers the basideqiting is the body of the
• will re the.... as is in this horde.
This witness aTit. croft-examined at considerable
Ingth by Dr. Swebey, but nothing of material import
wee dialectic weaken his evidence.
'Maria Pesch, niece of the testator, proved • conver-
sation with the testator, in which he said, that he
intended to provide for his brother, George Strong, by
an annuity, mad thet-howenhinensi to Boswell to draw
it, Boswell being an attorney. Heard Parsons say that
he kuew there *as no will, but he could make one.
Mr. Gurney Gekbaiith, manager of the Provincial
Bank at Sherborne, said he knew the late Mr. Strong,
sad also Mr. Beach. He knew the writing of Mr.
inking. The signature TIM not like his writing, neither
nee that of Beech. Did not believe it was in their
haadwriting. TM Court adjourned at 4 o'clock.
-
SECOND DAY, THURSDAY, Arm 24TH.

The Court at thus morning at eleven o'clock, and the
- farther hearing of the ease was proceeded with.
• Job, Lankaster : lam • printer at Poole, and also •
bookseller. I knew the late Mr. Beach. I used to
- have awaiderable quantities of his writinp,—notioes of
wiles. I ant a atorietrateef the borough, and have bad
• -frequent onaunoniention with Mr. Beach. I have with
•Nie a sonsidorablii qoantity of the manuscript sent to
me by Bough. I have no hesitation whatever in saying,
aenelidise In the liesikel my judgment and belief:that the
eigiature to the will as an 'Slanting witness is not the
eifilee of &h. •Beneb. Oran-examined by Dr.
Bensb 'need to drink considerably the latter
Part bis lifet weds hie- writing trio very unequal and
siningtain.
• aelin Beach lexamined : I am a brother of the late
Mr. Beask. I 'knew him handwriting perfectly well.
Tbe *nature, John Beach, attached to the will, is net
bie wetting.
:Wa Nstheroote examined by Dr. Dean.: I am
litimignspher, and have made handwritings my study
fcar memy years. I hold in my hand • document pur-
porting to be • will, the body of the document And the
signature are in the some handwriting. I have also in
my hands several deposit notes and • cheque. Ide not
believe that the signature on these notes and the signs-
*ire to the will were written by one and the same
perreon. I have in my hand an account which I am
anforaped belonged to Thomas Parsons. I have • marked
png here. 4 page 34.) wkiehl am told is in the plaintiff 's
handwriting I believe tfiall the person who wrote this
- page in the gement book also wrote the body of the
will. This witness was egamined for upwards of an
boar upon the formation if the ehariteten in the several
aipatarea; tbe iionclasion he said at svhich he had
. .

airizad wai tipsl di; b;;I;;:i4ii;g7rn ;be-bill and the
ao•ontAbook wpry the Ue,sid taerslore neitim
Mat. V! Os MU wit. is tb• koodsviii
wr aro.

John Down, grocer, of Poole, examined : Was a
opinion that the niithe Tv(r.!l,lld at to the will WM
not in that nerson's handweiting..
This wits the ewe fie the defendanlx.
Dr. Deena sail that ee idencei in liii, (use resolved
itself, so touch of it it least as its, 14 ally impontonce,
in the circumst ,nets of find,iig the will, Atha the hand-
writings upon the will. [1 ter the evil, use of Mr.
Nothercote, he wood not shrink from the statement
Hat this will was a fraudulent instimuu 13, that the
person who wrote it Woo the same ae in reto in the
account book. At ell evects it was in the position of It
I.lo(itilient which under t e Uhl Conrt would be pro-
nounced not reven, Mina mg the obi Sect In forms.
Dr. Swahvy iii god upon behalf of the phdutift, that
h• had rtetcd all through ris only • person entrely inno-
cent of such a grave offence as forgery would net. He
went to the clergyman of the parish, as he could go to
no one else mute naturally. There was nothing in his
conduct that could subject diii to suspicion ; ceitainly
nothing that would iliclilue the Court to find hiin guilty
of fraud, which tithe sum anti substance of the plead-
ings put in by the defendants.
Sir C. Cromwell : Imust defer giving judgment in
this case till I have thoroughly examinee' all the papers
put in, It is an important and somewhat painful case.
If Mr. Mesaiter has any more papers in the handwriting
of the testator Strong, I shall be glad to have them.
P,rhaps the solicitors conducting the case, if they live
in the neighbourhood, will see what papers there are,
and furnish me with what they think necessary,