The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1871-11-11 00:00:00

A DEATH-BED WILL.

In the Court of Probate. the cause of " Illustenc v. Owen "
has ',run till, and 1,. as 1.,11,141, -

_
The testator in this case Was Thomas Winetnne,
late of Bayswater, and his will, dated the sth Sep-
tember, 1070, was profoundest by the defendant, as the
executor and universal legatee. The testator was not
on friendly terms with any of his relatives, and there
WAN no :inestion as to his intention to leave his Pro-
perty to Mr. Owen, who was an old and very intimate
friend. But he deferred making his will until he was
on his death lasi, and the only question was whether at
the time he executed it he retained 'sufficient. "Md. ons-
hes:, to be able to undendmal what he was d' big. The
principal witness in favour of the will was Dr. Baker, his
medical attendant, whited. Ids instructions shortly be-
fore the will was prepared, at a time when the testator
was pertealy conseu ma The solicitor who prepared
the will from the instructions written out by Dr. Baker
was of opinion that at the time when the testator's
hand was guided to make his signature he was quite
unconscious. Dr. Baker, however, was of opinion that
he was conseiowa and knew what he was doing,
although he was unable to speak, anti Dr. Baker and
the solicitor attested the will. The testator never
rallied after the will was signed, and died on the same
evening. The nurse who attended the deceaxed was
examines! in favour of the will, and the landkuly of
his lodging and several other witnesses were examined
against it. Mr. Owen Was present in the bedroom for
a short time, but he took no part in the preparation of
the will, and was not aware of its contents until after
its execution. The value of the property was stated
to be about £l,OOO.
Lord Penzance Paid that this was one of a clam of
eases which minimsl to be carefully watched, for the
will was made at the last moment of the testator's
life, and withih ten minutes of the time when It
was admitted that he lost his consciousness. The
testator did not care for his relations, and he en-
tertained a strong feeling of regard for Air. Owen,
but there was a Feat different* between intend-
ing to make a will in him favour and artually
taking the trouble to make such a will. Every
day's experience showed that—such was the selfish-
ness of human nature—many people eared very
little what became of their property after they were
dead, and in many instances they recoiled from
making a will because they regarded it as a pre-
liminary to immediate death. In this case there woo an
entire absence of any evidence from which the Court
could come to the oonelusion that the deceased was of
testamentary capacity at the time o hen the will was
signed. He said nothing ;he did no act, and he made
no movement. In the opinion of some of the w itnesses,
he was conscioust, but the law required not only that
he should be conscious, but also that he should hat it a
sound and disposing iniusL The patty prop eluding
the will was bound to establish that he had a sound
and disposing nib's], and, haein., failed to de so, the
Court must pronounce against die wilL Ent it wa.s a
peculiar feature in the ease that the defendant, in
whose favour the will WAN made, took no part whatever
in preparing it or procuring its execution. Ile was a
stranger both to the medical man and to the solicitor,
and he took no step whatever to obtain the will.
Under these circumstances it was just that the de-
fendant should not be condemned in costa.