The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1873-03-29 00:00:00

A WILL CASE.

lhe cause of "Lindsey v Lindsey' has been tried at Swan-
se., and was an issue sent down from the Court of Probate to
try the question whether a will made by the father of the
defendant, and subsequently destroyed, was destroyed by
himself or by the defendant fraudulently.

Toe testator, who was a brewer and lived at Aber-
dare, began life in very humble circumstances, but at
the time of his death, which occurred on the Bth of
December, 1867, had amassed a considerable fortune,
and left pereonal estate amounting to about £16,0110.
He had been twice married, and by his first marriage
had two children, one of whom was the defendant and
the other a daughter, who WAS about 19 years of age
when he died. The testator and his first wife led a
very unhappy life, and at length they separated and
remained estraneed until her dernh, which occurred in
February, 1861. A few days afterwards he married
a person with whom he had lived ever since the
separation, and by whom he had had six children, three
of whom survived him. On the 26th of January,
1867, the second wife also died, leaving, in addition
to her illegitimate children, two others who were born
after the marriage. During her last illness she was
attended by her sister, Mrs. Elethyn, who was a
widow, and after her death the latter remained in the
testator's house and took the management of hie house-
hold affairs. Up to this time the testator had been on
uufrienely terms with his eldest son, the defendaet,
snot had often exi rested displeasure at his conduct and,
mode of life, but on the death of Mrs. Lindsey the
defendant went down from London, where he was
living, to attend her f nceral, and there was a
kind of reconciiiation between himself and his father.
Although, accomkg to the statement of the plain-
tiff's witnesses, they frequently quarrellel, and the
elder Linilmey often desired his son to return to his
business in London, there was no violent rupture,
aud the defendant nemained in his father's house until
his death, which followed within a few n,onths of that
of his wire. During the yeriod la hi di elapsed between
Lis second marriage and Me death the testator wade
several wills, but the last which he was known to have
xecuted Was dated the 6th of February, 1867, and was
drawn up a few days after his iecond wife died. By
this will he left a legacy of £5OO to his son William,
the defendant, £lOO to Mre. Blethyn, El 9 a year to his
mother, and the remainder in equal shares among all
his children, legitimate and illegitimate, except the
defendant. He alto diremed that his eldest son by
his amend wife, woo was the plaintiff in this action,
should have the management of his businets and
brewery at Aberdare. After making the will the
testater endeavoured to keep its existence a secret from
his family, but the defendant by some means discovered
that it had been made, and that he had been left only
£9OO, and renemstrated with his father upon the small-
ness of the aimunt. A coming to the statement of
the defendant the testator then promised him that
he would burn the will, and a few days after teis,
when the defendant and Mrs. Blethyn were sitting in
the dining-room together, he etteied the teem holding
up the will in his hand, and said, " I have been to
Merthyr and gut the will ;" but he refused to let them
see it, and went straight to the fire and burnt it.
This evidence was confirmed by Mrs. Blethyn, except
that she stated that the' testator called the paper
which he burnt a lease of his life • but the be-
lieved that it was in reality his will. It was
proved that the testator did about this tims take
away this and a previous will from his solicitor,
with whom they had been deposited, but it WAS al-
leged by the witnesses for the plaintiff that he locked
them both up in his safe. From this time the testator
began to grow gradually more and more infirm, and at
length went away from home in the Lope that his
health would be improved by a change, and while he
WAS away the defendant assumed the management of
his busiuess and had possession of his keys. Towards
the end of the year 1867 the testator's mind gave way,
and his mental faculties:became so impaired that upon
one occasion he weet to the post-office with a aostage
stamp on his forehead, and requested to be sent by poet
to a place he named, and in consequence of his having
fallen into tide state the defendant kept the
keys and continued to manage his affairs until his
death. It was stated by the defeudant's sister, who
was called as a witness for the plaintiff, that one even.
ing during this period she saw the defendant come out
of the mem in which the safe was kept, and in the pre-
tence of hers-if and Mrs. Blethyn, burn a papal.,
which from its appearance she believed to be the will.
A few days after this wasballeged to have occurred tie
testator died, and in three weeks afterwards the de-
fendant was married to Mrs. 131ethyn. A witness de-
posed that he had heard the defendant use expres-
sions which he understood to amount to a confession
that he had burnt a will of his father's, lami the plain-
tiff and his brother affirmed that after his niarriage
with Mrs. Blethyn they were constantly in the habit
of threatening each other to "split.' Upon the testa-
tor's death search was made for a will, but none could
lie found, and letters of administration were con-
sequently taken out by the defeudant as the eldest
eon of the deceased, and he continued to conduct
the eusiuess for the benefit of the legitimate hileiren.
In the following year the testator's daughter was
married, and it was agreed that her hintband and the
defendant should carry on the bueinees in partner-
ship together, but they were not euccessful in the
management, and early in last year they became
bankrupt, and the business was sold. Shortly after.
wards proceedings were commeneed in the Court of
Probate to set up the will of 1867, a rough draught
of which had been kept by the solicitor by whom
it was drawn up. and the question having teen
misrd by whom the will bad been destroyed, this
issue was sent here to be tiled.

Toe jury, without retiring, found a verdict for
the defendant.