The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1868-03-14 00:00:00

AN EXTRAORDINARY WILL CASE.

At the Court of Probate, in London, the cause of " liall v.
Lail" has been tried.

The plaintiff propounded the last will of her husband,
John Hall, late of Nottingham, farmer and land
valuer, who died at the age of Gri on the 6th 14 April
last, leaving an estate variously estimated at from
4:14,000 to £20,000. He had executed three wills. By
one dated in 10.52 he had given everything to his wife ;
hut on the 14th of June, 1064, during her absence from
home, he made another, by which he bequeathed to
her his house and furniture, the whole of his property
for her life, and a power of appointment over two-
sixths of it afterwards ; the four remaining sixths he
left to his brothers and sisters or their families. On
the 21st of the following month he executed another
testamentary paper restoring the status quo ante, and
probate of this was resisted by his brother William,
on the simple plea that it had been obtained by the
undue influence of the widow.
On his behalf Mr. Deverill, the testator's solicitor,
deposed to having been sent for and directed to draw
up the third instrument; that Mrs. Hall appeared
greatly disturbed, and said to him, "that black-looking
thief has been altering his will—he always we, a thief,
at least to me." Mr. Deverill stated that he had made
the will as a matter of kindness, and to restore peace
between the parties, but that he doubted at the time
whether it would stand, and cautioned Mrs. Hall
against parting with the second, or the "just will" as
he termed it. Mrs. Deverill (his wife) stated that
Mrs. Hall had come to her in great agitation and
disorder—that she had taken her into her room,
soothed her, bathed her head and brushed her hair.
kfterwards Mr. Hall thanked Mrs. Deverill for paci-
fying his wife, and told her that he had been obliged
to alter his will, or his wife would have cut his throat
or her own. The testator's farm bailiff deposed that
when his master was talking about his property, he
said to him jocoselv, "I should like to be put into a
corner of your wia" T ,
he testator replied, It would
do you no good. I made a will leaving my brother
William and the rest of them something, but it din.
pleased Mrs. Hall, and I had to alter it." The bailiff
said, "Then Mr. William will have nothing. I am
very sorry for him." The testator said. "So am I,"
and burst into tears.
Mrs. Hall gave an entirely different version of the
matter. She said that her husband had told her of his
second will, and taken her to Mr. Deverill's to hear it
read. She said that it was a just disposition of the
property, and that she was rerfectly satisfied with it.
Afterwards)ie told her that he had made the alteration
because he had heard that, if she survived, she in.
tended to bequeath the whole of the property to a dis-
tant cousin; hut that, having seen this cousin, he was
convinced that the story was false, and that he would
reinstate matters upon their old footing. No explana-
tion was, however, given of the circumstances deposed
to by Mrs. Deverill, whose evidence was not in any
manner impeached. 'Under these circumstances,
The jury, without hesitation, found that there had
been undue influence; and the court, avowing its per-
fect contentment with the verdict, pronounced against
the will, and condemned Mrs. Hall in the costs.