The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1877-03-27 00:00:00

testatrix told her to burn the will of 1966. which she
did. Before doing en she took a copy of the will.
After the will was burned, testatrix appeared more
comfortable. On the 26th of Febrnary,lB76, teitatrix
said she would sign the copy of the will. Dr.
Moorhead was then in atten•lance, so also wee Dr.
Smith. Witness saw hem step-mother sign the copy of
the will, in the presence of the two medical gentlemen.
After that testatrix became worse. Tentatrix always
expressesi pleasure of betas with witness. She (witness)
never in any way purenaded testatrix to make a will,
neither hail she any influence over her at the time the
will in dispute wee executed.
Croes-examined by Mr. Inderwick : Witness's father
made a will by which he left her mother £l,OOO
absolutely. She had also • life interest in scone honor
property. Witness never had serious quarrels with
testatrix. Mrs. Matthews was testatrix's niece. She
used to come to see testatrix at Dorchester. Mrs.
Slade had given Mr. Matthews authority to receive
certain slivi•lencle for her. Did not know that
testatrix had serious louses in 1072, until she beard it
from Mrs. Matthews in 1871. She knew Dr. Hen-
wood. He had been in attendance on testatrix. She
never told Dr. Good that testatrix WAA quite incompe-
tent to make a will or of transacting her own ineinees.
Never told him she had employed a 'solicitor to
tsansact her mother's business without her knowledge.
Never asked him to say her mother wan capable of
making a will in 1076. She di•l not remember ever
heviee said so. She recollected Dr. Good snegmting
ars oimpreiniee about the will. She knew a man named
Willi:sin Nicholls Mien Peach wee one of the persons
who had seen the testatrix alone. She coul•I not
recollet the exact number of persons wile had seen the
testatrix alone. Knew Alice l'each - and Uncle
William slhl. Did not recolleet telling Miss Peach
that she 11..41 taken precautions that none of that
1 f •mily 'should nee testatrix except in the presence •if a
tlsir•l permn. She might have shine so. Mrs. Emma
Shale, when. at Dorchester, said she should come and
see testatrix, and she (witness) toll her her mother
wotild be no better for seeing her. She knew testatrix
di-likel Mrs. Slade. Mr. Hanne never knew
testatrix until he came to make the will. The 12'4
four days .1 testatrix's existence the doctor's thought
she wan•lered in her mind. Testatrix became irritable
lif she was not at once attended to. She never heard
her ranee a person of taking away her clothes. When
I she went for Mr. Hanne she toll him it was to make
I her mother's will. She did not tell him anything
about the wit ef 1e416. M.. Hanne was in conversa-
tion with testatrix about ten minutes, taking the
instructions for the wilL
Mr. Hamm, the eolieiGir who prepared the will.
gave evidence to the effect that at the time the will
was signed testatrix was in a perfectly sound istate of
mind, and that plaintiff did not exercise any influence
over testatrix while she was giving him instructions
for her will.
The Itev. Jan Van•lrey, ovate of St. John's
Church, Weymouth, Paid he knew Mary Ann Slade.
She resided in his parish. He visited her frequently.
He 'taw her in 1876. lie wan at her house at the time
the will WM signed. She always talked sensibly to
him. On the noniron of the signing of that will,
before he signed he asked the testatrix if it Was her
skseire he A. 111,1 witness the signing of her will, and
she said "Yes." The will was read over to her prior
to its being slimed. She expressed her approval, and
then signed the document. The attesting signatures
were made after that. He believed the testatrix was
quite sensible at the time the will was signed.
Cress-examined i He had seen testatrix frequently
after the will Was signed, but she never made any
reference to the matter.
The Rev. J. Stephenson nail he was vicar of St.
John's, Weymouth. He had seen testatrix frequently.
He saw her a short time I efore her death; she never '
showed that her faculties were declining.
Dr. John Moorhead. of Weymouth, said he was a
six-tor of medicine, and knew testatrix very well, lie
attended her at Unien-plikee. Although she wan a
person of great age her faculties were unimpaired
until a very short time before her death. He never
observed her to suffer unsler delusions. lie might
have Kahl she sli•l, hut that arose under pee-liner cir-
cumstances. He knew he had been atten•ling a
patient previous to going to see Mrs. Slade. Plaintiff
seemed to take exception to his mode of treating her
mether-in law. and the circumstance nettled her. The
patient he had jest left before seeing Mire. Slade
laboured ureter dein-ions, aiel when he arrived at Mrs.
Static's his mind Was eaturatel with them. In'
cant' ly he might have •Insisisel the word delusion,
but it was pate a mistake es reearlesl Mrs. Slade.
Sir .1. Mennen : Then you make a mistake by apply-
ing the •lebeissns of one patient Go another!
Witness : Yes, my 'ors/
Examination centime!: Dr. Smith was with her
when the will was signet lie (witness) met Dr.
Smith as he was going to witness, the signing of the
will. He asked Dr. Smith to eo with him G• act as a
second witness, and he assented. The testator at the
time the will was signe I WAR quite sensible.
Other witnesses were called, who all 'spoke to the
un•lsinhteol capacity of the testatrix when the will was
!signet
Mr Inderaick opened the case for the defendant, and
called Mr. and Mrs. Matthews, who spoke to
•the
terms on which they were with the testatrix.
The met important witness was
Dr. Good, of Dorchester, who said he had known
Mrs. Shale for many years. lie atten•lel her in 1071
and again in August awl September of that year. He
beind her mind almost gone -forgetfulness, childish-
ness in manner. She ales suffered from disease of the
brain, and Was rmffering from sliakine palsy. When
he atten•h••l her last it Wan in December. When
' testatrix accused him ef not calling, and he knew that
he bail done 'es, he called that lals•uring ler delusion.
She used to quarrel is ith him became he ha I net sent
her sufficient physic. (Laughter). Ile ale • saw Mr.
Shale at Itadipole. Mae Slade told him her mother
was lesaite4 her the whole of her money. He deelinel to
take any part in the prosseelines of making n will. /1e
hail never released to Mips Slum-he that her mother and
his was ramble of ninkine a will in 107 G. He met
pleintiff after death if testatrix. She impressed on
him the necessity if saying her uesther-in-law was not
, incapable of making a will. lie met her in the
, street. an,' she was very importunate about the
' sebject. Si, ratieh 90 that he kinsmisesl to Fee her the
I next I laY, lie suggested that parties who were ills-
'sting Asset the property of testatrix should come to
wane •sseapioniiee, and time prevent the lawyers
coming in bur a large elm in the shape of fees. He
had never Paid anything Mont the capacity of the
testatrix to make a will. Ile knew some of the Slake,
but he knew nothing of the Niatthew'e.
Some other witticisms were called, but their evidence
wan may a repetition of that „elven by Dr. Good as to
the condition of the mind of the testatrix.
The learned I 'soineel having replied
Time Jury fund for the plaintiff.
His lordehip pronounced for the will proponnsled,
and ordered the defendant's to pay the costs of the suit
-
WISTIIOI7TH.