The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1886-11-20 00:00:00

A REMARKABLE WILL SUIT.

In the Probate Division on Monday, Mr. Justice
Butt had before him in the case of Mui.apratt and
another v. Forvvood and others. It had reference to
the testamentary dispositions of the late Mr. James
Muspratt, the well-known alkali manufacturer, veh )
died at Seaforth Hall, near Liverpool, on May 4,
1886, possessed of property ftmounting to about
£150,000. The plaintiffs, as executors, propounded a
will dated July 5, 1876, and two codicils of Jilly 31,
1883, and August 29, 1885. Probate was opposed by
the defendants, who alleged undue execution, unwound
mind, and non-approval of the contents. They sought
to have estaUshed a will executed in 1874.
The Attorney-General (Sir R. Webstei-, Q.C.), and
Mr. Middleton appeared for the plaintiffs; and the
Solicitor-General (Sir E. Clarke, Q.C.), Mr. Lider-
wick, Q.C., and Mr. Bargrave Deane for the defen-
dants.

In opening the case the Attorney-General said that
the testator was born in 1793, and in his early caret
he certainly led a most adventurous life. Lk had
served both in the army and navy, and narrowly
ecaped with his life at the time of the Peninsula
War. Originally he had something to do with
chemistry, and after his adventurous career he estab-
lished what had become one of the most important
industries in Lancashire—viz., the manufacture of
alkali. In carrying on that business lie was made
the subject of a number of actions at the assizes for
nuisance, alleged to be caused by the manufacturg_in
the neighbourhood of Liverpool. He was the pioffer
of the men who had since started that great industry
in other parts of Lancashire where the business had
been allowed to be carried on. He was a man of
strong will and remarkable judgment, but during the
last five or six years of his life he suffered from rheu-
matism and other bodily ailments, making it difficult
for him to get about. For the last four years of his life
he practically resided in the upper part of his house,
where he used to see his friends. He became ac-
quainted with men of literature, took a keen interest
in art, and in all matters connected with chein4cal
science. He was an intimate friend of Baron Liebig,
and was brought in contact with men of culture. Ile
always took great interest in his pecuniary affairs,
and made a series of wills. Originally he had seven
children—four sons and three daughters, his eldest
son being Dr. James Sheridan Muspratt, who was a
distinguished chemist. The learned counsel then
gave the history of the making of the wills, and the
two codicils. By the will of 1874 it appeared that the
defendants, two of his grandchildren were benefited
to the extent of .elo,ooo, but by the will of July,
1876, and the two subsequent codicils they were
deprived of that amount altogether, this practically
being the question at issue.
Dr. Bickerstaffe, the medical attendant of the de-
ceased, gave evidence to the effect that at the
time the testamentary papers in question were
executed the testator was of sound disposing mind.
There was no defect of mental power. He died at
the age of 93. He was a man of remarkably strong
will, and was very firm in judgment. He was pee-
-1 fectly competent to transact business.

_
In cross-examination the witness said the deceased
had a delusion that he was ruined, and that people
were coming to arrest him.
Mr. Frank Dobson Lowndes, solicitor, of Liver-
pool, and a number of other witnesses, deposed as to
the mental capacity of the deceased, while the
manager of the firm of Muspratt and Sons spoke of
the keen interest the deceased always had in connec-
tion with business matters, there being no failure of
memory or want of testamentary capacity.
Mr. Gorst, a broker, of Liverpool, said that the
deceased was a wonderfully clearheaded man, and
retained his faculties to the last. The deceased felt
the death of his son Ricl-ard very keenly.
Dr. George Harley, it practice in London, husband
of one of the daughters of the deceased, said that in
1884 he was going to Canada with the British Asso-
ciation, and previous to embarking he saw his father-
in-law, who was them perfectly of sound disposing
mind. Upon the return of witness from America he
agair saw the deceased, who conversed with him most
intelligently about Americo. •
Mr. Edmund Knowles Muspratt, one of the sons
of the deceased, and an executor, a member of the
firm of Muspratt and Sons, also gave evidence as to
the testamentary capacity of his father. Was not
present at the execution of either of the wills. The
codicil was made as his father said that the two de-
fendants were well provided for.
At the close of the case for the plaintiffs the evi-
dence, taken on commission, of the husband of one of
the defendants (Mr. Forwood) was read, it being to
the effect that he called on the deceased, who did not
know him.
Similar testimoney was adduced by the other de-
fendant, Mrs. Roberts, and her husband.
Mr. Justice Butt caine to the conclusion that the
plaintiffs had established their case, and he pronounced
for the testamenta:y papers propounded, with costs.

MB. H. X. STANLEY ON HIS AFRICAN

• EXPEDITIONS.
lir. H. M. Stanley, lecturing on Monday evening
on his African travels and work, spoke principally of
his second and third expeditions. He passed rapidly
over his first journey, culminating with the sudden
discovery of Livingstone on„ Lake Tanganika, his
parting from Livingstone, ald the death of the great
pioneer of African exploration. In referring to his
second expedition, he alluded to the discovery of the
southern sources of the Nile, and, passing on to the
circumnavigation of Lake Victoria, gave a humorous
account of the difficulty he experienced in making
sailors of the black men, and an amusing instance
of the magic effect produced on hostile natives
by simply firing a revolver into the water. A
very interesting description follosfed of his
meeting with Mtesa, the Emperor of Uganda,
who expressed an ardent desire to know
more about religious matters, and in consequence of
his (Mr. Stanley's) letters £13,000 was s.ubseritsed,
and a mission was equipped and sent out. Until last •
ye3r it was carried on successfully, but Mtesa died,
and his son distinguished himself by the murder of
Bishop Hannington and the burning of all the con-
verts. Mr. Stanley then passed on to the problem
which he set about solving—whether the great river
Livingstone had left was the Nile, the Niger, or the
Congo. He gave a thrilling account of the passing of
the cataracts, the party being continually harassed
and attacked by hostile bands of natives. At last
they came to the circular expansion of water which
his friends had named Stanley Pool. Then they
knew that the river which had lured Livingstone on
to his death, and which he believed to be the Nile,
was no other than the Upper Congo. Coining next
to the third expedition M. Stanley said that the ef-
fect of the lectures whieh he gave in England describ-
ing the discovery of th‘Congo, induced King Leopold
to ask him to return to see if he (Mr. Stanley) could
realise his dream. He returned to the Congo in
January, 1879, and in August, 1879, arrived at the
mouth of the Congo. Their work in the third expe-
dition was very different to the adventurous expedition
undertaken before. They now had to fac3 the natives
with-gifts and had the stile qua non of success—plenty
of time. He then glanced rapidly at the 33 months
of hard work that followed, remarking that in the
meantime a Frenchman had obtained .£5OOO from the
International Association and £lO,OOO from the
French Government, and with a plentiful supply of
the tricolour flags had proceedod to Stanley Pool.
When he (Mr. Stanley) got to the north bank he found
it had been annexed—not in the name of the association
of which this Frenchman was the servant, but in the
name of the French Republic. He (Mr. Stanley)
asked for a sight of the treaty, and he saw it in black
and white, but it struck him that ~here was no mention
of the south bank and he proceeded thither. Mr.
Stanley then gave an entertaining account of his
negotiations with Ngalyema whom be induced to'sign
a treaty, but when he came within 10 miles of Stanley
Pool, this chief was alarmed, and said that he must go
back.- Mr. Stanley then referred to the diplomacy
which he was compelled to have recourse to, and said
that eventually Ngalyeina became one of the pillows
of the new State, and gradually other chiefs gave in.
He pointed out that this was a war of tariffs.
Portugal levied a duty of GO per cent., and if she ex-
tended her territory a mile built a eustom-house. By
June, 1884, they had obtained thu signature of 400
chiefs, or their marks, in the presence of witnesses,
for considerations of no slight valne. He waited six
months for Gorden to come and assist him, but hear-
ing that he bad gone to the Soudan, he (Mr. Stanley),
after leaving the administration of affairs in other
hands, returned to Europe. At the suggestion of the
King of the Belgians, Prince Bismarck convened a
Conference of the Powers of Europe, and 14 Powers
came to the. conclusion that it would be better that the
territories acquired by the International Association
from 1879 to 1884 should be recognised in future as
the Congo Free and Independent State, for which
should be secured free trade and unhampered inter-
course, 'and that all import duties should be done
away with, except that export duties of four or live
per cent. should be charged to remunerate the ex-
penses of administration. The time would come
when the value of all that had been done would be
better known and appreciated, and when the railway
reached Stanley Pool, rho epithet of dreamer which
had been applied would be retracted, and a due mea-
sure of praise would be given to Leopend and Living-
stone by all honnurable men. Mr. Stanley was fre-
quently applauded.