The Express.
London, England, 1852-08-11 00:00:00

Dr. It. Phi Unwire followed on the same side.
I)rs. Addams Red Curtin then replied.
The Court, is giving judgment, said the due execution
of ..1 was stunned on ml sales. It appeared that
afier e., tenni it was t..ken poseeerion of by the Its.
beer, .eel re liain,d in his cuetaly, and it was now alleged
that open the 3rd September, 1516, he called upon Mr.
Parks, the solicitor of the family, and produced the will
in a perfect state, but was of unsound mind at the time,
and so continued until his death. The first point for con-
sideration was the date of the alleged interview—namely,
the 3rd September. That date was fixed by Mr. l'ar'ee,
but it was very unfortunate it had not been discovered
at an earlier period of the proceedings than upon
the giving in of the allegation, since it might have
prevented a good deal of inconvenience which hail arisen
in the C3lll. No blame however, was imputable to Mr.
Parks for his inability to define the precise date in ques-
tion at an earlier period, as it appeared a tire having taken
plate at his offices his papers 11.. l into great confusion, and
a long march was required. The tint evidence to which
the court would refer would be that furnished by Mr.
Parks 00 the lith article. That gentleman deposed to his
seeing the will for the last time on the 3rd of September,
18113, and that it was then in a perfect state. lien was
therefore evidence as to the eziatenee of the instrument in
an uncancelled state and the same witness further deposed
to the uneoundnees of the testator's mind on the occasion.
These could be no doubt the deceased was at beet in •
very ',zed- el state at the time, and from the conclusion of
the evidence the court thought his insanity might
certaiely be eleted as far bade as that interview. lletween
four and five o'clock on the same day it appeared his eon-
fi.lential clerk raw him upon the subject of souse business
Maier. when he gave such orders with regard to the per-
chive of stock and share. that the clerk could come to no
other conclusion but that he was insane. The matter, how-
ever, did not rest there, for the evidence of Mr. Doyle, who
had marled one of the deceased's sisters, strongly confirmed
this testimony. It seemed Mr. Doyle had two interviews
with Mr. Eesthope on the 3rd of September, one at his
(Mr. Doyle's) private residence at Camberwell, and another
at the Hominy tlieumide I,thee, of which paper Mr. Doyle
was the editsr. On both them occasions the deceased was
very much excited, and it was even thought necessary to
remove his razors when he returned to Mr. Duyle's fur the
night. lie remained in that gentleman's house the whole
of the neat day, and it was alleged be was issue
during retch time. A footman in the boast, earned Weeds,
who raw • great deal of the testator on that and en name-
quint days, deposed to his calling him up in the night,
putting his clothes on inside out, saying he had been
beaten, and taking oil his shirt to show the heel.. when
there were no signs of any, and otherwise conducting him-
sell in a violent and excited manner. 1111-3 witness had
been cross examined, and on the 3th interrogatory he stated
that about four o'clock in the morning of the ith ot Sep-
tember, the deceas,-d came down stairs to have a cup of
tea made, and carried a large roll of paper under his arm,
and while the tire was being prepared in the kitchen he
stood looking at the papers, but when the fire was fully
lighted, he thrust all the papers into it, and insisted on the
attendant not saving our, saying that if he attempted to
leech one of them he would knock him down. The court
thought there was a high degree of probability that at this
time the will was destroyed. It had been in his pomemion
the previous .1.4 ; he had taken it with him to Mr. Parks;
he heel produced it to that gentleman in an uncancelled
state. and then gone to the house of his brother-in-law,
where, in the course of the ensuing night, he destroys a
roll of papers, and from that time down to the preeentthis
document has
Ibis evidence was abundantly sufficient to acquit Sir John
Esethope from any charge or accusation of having with-
held or destroyed the will, or having purposely concealed
it, or not searched with due diligence—it exonerated his
character from all imputation whatever. From this wit-
ness' the toast entertiuned no doubt that the will was pro-
duced te Mr. Parks; that the dammed took it sway, and,
from what sabsequently occurred, that Sir John East-
hope might have searched most minutely without finding
it at all. Upon this evidence it was impossible to doubt
that the will was destroyed by the testator while in • state
of insanity, and that he continued of unsound mind from
such time until the day of his death. The court, there-
fore, pronounced fur the draft of the will propounded by
Mims Elisabeth Eaethope. He (the learned judge) was en-
etvliagly unwilling to enter into many of the matters which
had been brought under consist. ration in this ease, as he
thought their discussion would be unattended with the
slifitest advantage to either party. As to one important
point, lie did not feel himself at liberty to touch upon it,
since, in doing so, he would be trespaiaing on the jurirdie-
tion of the Court of Chancery, which was the proper court
to decide whether the agreement woe to be enforced or not.
Ile felt persuaded Miss liesthope herself would rejoice es
much as any body could at the result of the suit, not because
she had gained this barge property which her brother in-
tended she should have, Inn because she must now perceive
her father hid not been guilty of that which she and others
suspected him to have been guilty of—namely, the with-
holding or destroying the will. It was quite clear Sir John
was innocent of that charge, and he (the learned Judge)
trusted the conclusion to which the court had arrived
would lead to a reconciliation between the father and

daughter. It was very desirable it should do so, and also
with other branches of the family. Hu sincerely hoped,
after what had taken place, that alt those matters would be
brought to an amicable termination ; that harshness and
asperity would bet diced by the after conduct of the par-
ties, and that many years of happiness ought remain to the
family. With regard to the costs, each party muss pay its
ova costs.

COURT OF BANRRUPTCY.-TESTERDAT.
Boom Ma. Cklomisomma iimenurous.
Iw ae BARRA AND BAILIM.

The bankrupt, father and son, were described as stock-
brokers of Threadneedle-street, City. To-day was ap-
pointed for the last examination.
The balance *beet, which extends Irons let January, 1851,
to list May, 1912, was prepared by Mr. Butler, Basinghall-
street, and shows the following state of affairs .
Dr. L s. d.
To creditors unsecured
Ditto to be paid in full (salary)
Ditto holding security
Liahilities, per contra
Policies of taeuninee on the life of O.

Ilaker, son., in hands of creditors 440 0 10
Conimis.iusta
Capital at Ist January, 1851

1,221 14 .5

Cr. £ a. il.
By Cob with bankers
Ditto given up to oar-nil 'Wines
Debtors- good
Ditto doubtful
Ditto bud
Property in blunts of creditors
Business expenses
Partner's draw*. 2,017 17 8
Lewes
Liability, per contra 67 10 0
Difference in books

21,221 14 5
The largest of the uastcured orediMn was Mr. Geo.
Hudson, M.P., to whoa tw brilereiob ewe 1,7631., as a
balance of cash advanced mil main esseent, the holding
their acceptance, dated 22nd Moyle" he 1,0001.
Mr. Linklater supported. Thus ems no opposition by
the assignees.
Mr. Jennings said he was instructed 0. sprees le a are ; but it appearing that his oblesillsee esheeedi natiasr
to the conduct of Mr. Baker, see., thee is the essinate,
his Honour said that matter would be best sees into at
the certificate meeting. He observed that the books had
been well kept, which was an unusual thing with stock-
brat re.

The bankrupts then pared; and the 23rd of September
was fined for the certificate 'testing.

IN RE WOIIIPOLX.—""OFT TO THE DIGGINGS."
The bankrupt in this case was a coal merchant at Mistley,
in Essen. Ili. liabilities are supposed to be about 2,000 f.
A short while ago he left the country—it it believed for
Auatralia—taking with him all his available property. The
only thing in the shape of meets which has come into the
bands of the creditor. is a cargo of coal, in transits, by the
Gaaytiude. Awignees were chosen to-day; and in the
event of the bankrupt not surrendering by the day ap-
pointed for the last examination, he will be proclaimed ius
the usual form