The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1885-11-28 00:00:00

SINGULAR PROBATE SUIT.

The case of Cowburn and Davison v. Pound came
on for hearing on Monday morning before the Right
Hon. the President and a special jury. The case
arises out of the testamentary dispositions of the late
Mr. James Pound, a commercial traveller, who died
in 1878. This gentleman appeared to have married
the defendant in 1856, and he lived with her after-
wards as his wife, and had children by her. Some
years after he seemed to have made the aequaintanee
of a Mrs. Susannah Jackson, who had been married
to a Mr. Forster, but who was separated from her
husband. With this lady he lived as his wife under
the name of Jackson, while he alternated his resi-
dence with her and the lady to whom he was married
in 1856. He kept an establishment at both houses,
where he received his orders and his commissions.
Ile was often away on journeys, and his absence gave
rise to no suspicion on the part of either party. In
October,lB7B, Pound appeared to have executed a will
in favour of this woman Jackson, by which he left her
two houses in Graham-road, Dalston. He died some-
time after, and after he did so the woman Jackson
proved the will. She was taken ill sometime after, and
on being so she made a will in favour of her sister,
comprising the property left her by Pound. This will
of Jackson's is now propounded by her executors, and
it is opposed by the defendant, the original Mrs.
James Pound, on the usual grounds of incapacity,
undue influence, and that Pound at the time it was
executed did not know or approve of its contents.
Mr. Hayford, Q C., and Mr. Searle were counsel
for the plaintiffs, and Mr. Channel!, Q.C., and Mr.
Wedderburn for the defendant. In support of the
will propounded by the woman Jackson, several wit-
nesses were called who spoke as to Pound living with
this woman as his wife, and to having treated her as
such. Mr. Parkes, who prepared the will propounded,
stated that he prepared it according to Pound's
instructions. On the conclusion of this evidence Mr.
Channell addressed the jury for the defendant, Mrs.
Pound. There was no doubt that Pound up to his
death acknowledged his first wife and his children. At
the same time it was equally clear that he wished to
to make a provision for Mrs. Jackson, and with that
view he made over to her the two houses in Graham-
road. She was married undoubtedly to a Mr. Foster.
Sir James Hannon: What has become of him? Is he
alive? Mr. Channell : lam not awara. He may be
for aught I know. Sir James Hannen :Ifhe is alive
he might turn up and claim this property. Mr. Chan-
nell : No doubt; but there was no doubt when the
testator Pound made his will he was endeavouring to
provide against this contingency. That was clearly
shown by the terms of the will Parkes made for him.
The terms of it were such as showed that the testator
believed the will could not operate, as by that will he
did not revoke the will he had made in favour of his
real wife. He knew that he was signing a will in a
false name in favour of a woman in a false name, and
he knew that it was inoperative. His contention was
that Pound never intended this document prepared
by Parkes to be a will at all, but simply as a means
of covering and secluding his true position. In the
course of the learned counsel's argument, Sir James
Hannen suggested that, under the circumstances, the
first wife should get probate of her will, and that the
second wife, Jackson, should get probate ot her will.
The jury could th.aa be discharged, and all the other
matters be left to him. This arrangement having been
agreed to, the jury were discharged and the case ter-
minated, the learned judge reserving his decree as to
the ultimate disposal of it.