The Express.
London, England, 1852-03-27 00:00:00

LONDON, SATURDAY, MARCIE 27.

We cannot swell the chorus of approbation be-
stowed by our contemporaries upon the LORD CHAN-
• hin. in eons:elm-nee of the bill introduced by him
ander the title of the Law art Wills Amendment.
His first appearance as a law reformer is, in our
lodgment, a failure, and gives bad promise as
to the larger and more comprehensive reforms for
which the public look, and which are to be introduced
'ordering auepices. The subject to which he called
attention was of general interest. The object proposed
to be iffected —namely, the removal of doubt and un-
gertaintv in the mode of executing testamentary die-
positions —was one whose importance is admitted on
all sides. lbe grievance was one loudly demanding
ruins.: for sonic recent judicial decisions in the
raelesiassical Courts were not too strongly de-
grrihed ahem characterised by one noble lord as
▪To ins." In this, therefore, his first reforming
attempt, the Cii ese 'leant had everything in his
favour- a popular subject. a real grievance., and the
e,mrithi.., of his audience
. and of the public. Yet he
ice it,., oiceessful. Ills bill, as introduced, contained
four clause s: the remedy propoged by the first clause
far an es ti univenell'y admitted was questioned, but in
ectivetue nee
• of the isiagnitude of that evil, allowed
with hesitation to stand. The house refusal to sanc-
tion the alterations of the present law contemplated
be the second and third clauses, and rejected them;
and the fourth clause was allowed to remain as ooe
of minor importance. and because its injurious effects
bad not been notivill. Such is the result, so far, of
the bill whi..h, hieing passed through committee, war
repated am, mice. to the Howe of Lords last
night. it tin I..vd I. eNtintee introduced the pre-
Pent Wills ad. there was nu point upon which he
dwelt more earnest:, than the need of providing one
clear, pimple. and uniform mode of execution of wills,
Bud it MI. with this view enacted that every will
should be eigned "at the foot or end thereof. In
adopting the, the onlinary mode of signature, and in
prescribing it in words so simple and so general, it
would seem that it was intended to establish the
easiest lovable form. but the judges of the Ecclesias-
tical Courts have darkened knowledge, and if the sig-
nature has not been placed precisely at the foot or
and of the will, and even when placed after the con
elusion of the will if it be not written immediately
below the end, the language of the act has
been held not to have been complied with, and
the sill has consequently been set aside—although
the document on the whole has been such as to
leave no doubt of the intention of the testator, The
jedges have assumed that the signature to a will
must he in a certain position. anndthey have considered
that it was simply their duty to consider whether the
will had such a signature or not. In this estimate
ef:their duties they contrast unfavourably with
earlier judges who upheld the validity of a will
(then nquired to be attested in the presence of the
testator ' in ease it appeared that the witnesses,
when signing their names, were placed in such a
position that they might have been seen by
the testator. The older judged stretched to the
tamest limit the construction of the Statute of
Frauds in favour of the testator, so as to give effect
to test tine unary dispositions, which, if not established,
are irreeevably lost ; and by this wise sdmiuistration,
that statute remained in all material points, so far as
wills were concerned, unaltered for Irk years, while
the narrow views of their successors in Doctors'
Commons compel an amendment of the law within
l 3 Scars after it has been passed.
But if the authority of parliament be requisite to
remedy the present very defective state of the law,
we agree with Lord CL%NWORTII that it wou'd be
far better to deal with it in general terms than by
special enactment to point out particular modes and
places of signature, which shall hereafter be suffi-
cient. If a particular form be prescribed for any
purpose, there must always be a point of slight
deetation, which may appear to constitute a hard-
ship in invalidating the whole process, and in this
instance, if, instead of one place of signature to a
will being directed, namely the foot or end thereof,
balta-doeen places are particularised, the only
change is, that there are an increased number of
cues in which the ingenious minds of judges
mar disport themselves. But Lord Sr. LEONABDS
thiiiks otherwise, and he insists that the best
tray of meeting the present difficulty is by
enacting that a will shall be valid "if the signature
shall be so placed at, or after, or following, or wader,
or braid, .or opposite to the end of the will, that it
be apparent that the testator intended to give effect to
the feeding signed as his toil( by such hit signature."
With all submission to the author of these words—
and es nth unfeigned deference to his talents and legal
acumen as a draughtsman—we much doubt whether
the law as to the execution of wills will be even as
clear at the end of another fifteen years as it is now.
If the plain words "et the foot or end thereof"
have given rise to the painful questions of which
they have been the innocent occasion, what may not
be the effect of the six additional illustrations by
which these plain words arc proposed to be rendered
plainer? Simple-minded persons may now not
unreasonably ask for an explanation of the difference
between a signature placed " under, or beside, or oppo-
site to the end of the will;" for if opposite mean the
same as " under or beside," then it would be as well
omitted; and if not, it is difficult to know what it
intends, unless " opposite to the end" be construed
as " at the beginning." And if these doubts arise even
before this legislation be complete, it is more than
probable that the prophecy of Lord CRAY wownt will
he verified, and that this amendment will be the
fruitful parent of litigation, and thus the cause of
bitter distress and suffering. Bat even here the ob-
jections to the clause, as now framed, do not stop.
Under the present act, signature " at the foot or end
thereof" is conclusive, except of course in the case of
fraud; but eider the intended alteration, the will is
only where the signature is so placed " that it
shall be apparent that the testator intended to give
effect to the writing;" and therefore the fact of sig-
nature will not be hereafter conclusive, but it will
be open to any disappointed legatee to raise the
question of intention, and to harass the rightful
possessors by dilatory proceedings. It surely would
have been better to have left the law as at present,
coodusive as to wills conforming to the present
mmetments--and to have given a power to the judges
within defined limits to establish any will which bore
upon the face of it an intention by the testator to
give effect to it—although it might in some slight
degree vary from the precise form now required to be
adopted.
In reference to the second clause, by which it Is
enacted that " the provisions of this act shall ex-
tend and be applied to every will alreelmmadiessidel
is not pueblo to speculate upon the
which may be hereafter given to it. It may be re-
stricted to wills made since January I, ISM, when
the present act came into operation ; but if, on the
other hand, it be construed according to the sense of
the words, then this clause will throw a doubt on the
validity o wills of rersonalty which, dated ...tine to
II:18, are now exempt from the forms provided by
the present Wills Act. The questions raised by the
bill affect, however, so closely the interests of every
one that the measure will doubtless receive from the
Commons a more careful consideration than has been
bestowed upon it in the house of its parentage.

Tit?. CONIIIAMD AT MALTA.—It is already known
that Lieut.-General Pallier Myrna from the omunand of the
forces at Malts immediately kis snosemor is appoint=
although ths Rases of the geaeral Meer who is to
Lear-General Ellice has mot been Scully anmounced, we
have heard it stated in military circles that die goornment
Will offer the esmamiad in question to Lieut.-il Sir
Marry G. Smith cm his arrival in this country from the
Cape of Gael Hap.
Arurrusauuss' HALL—Names of gentlemen who
porn their examination in the intense and practice 0(1
medicin, and received certifleates to granitic, on Thurs-
day. Mirth 23, IM2 —Thous, George David Davies, St.
Andover court. Mahon. hill ; Alfred Jackson; John
Noy. y Bartlett Langoortliy, Modbury, DOTOII ; John
Willies, Danis !than ; Samuel Dr,w, ; John
Ili miming, Kind:mhos ; Alfred Freer, Stourbridgv, Worces-
tenhire ; Patrick Jams.Mullarky, Margate; John Vinall,
Sutton-place, Hackney.

yections to the cleuses.-7asrow Tramertra7ll;
Under the present act, signature " at the !bet
thereof' is conclusive, except of coarse in the
fraud ; but under the intended alteration, the
good only where the signature is so placed "
shall be apparent that the testator intended
effect to the writing ;" and therefore the fact
nature will not be hereafter conclusive, but
be open to any disappointed legatee to re
question of intention, and to harass the
possessors by dilatory proceedings. It surely
hare been better to have left the law as at y
coeclusive as to wills conforming to the
ensetmenta—and to have given a power to the
within defined limits to establish any will wh
upon the face of it an intention by the test
give effect to it—although it might in some
vary from the precise form now regain
adopted.
In reference to the second clause, by whie
enacted that " the provisions of this act a
tend and be applied to every will already at
is not possible to speculate upon the inters,
which may be hereafter given to it. It maj
stricted to wills made since January 1, 1831
the present act came into operation ; but if,
other hand, it be construed according to the
the words, then this clause will throw a daub
validity o wills of rersonaltv which, dated
19:x, are now exempt from the forms prop
the present Wills Act. The questions 111 W
till affect, however, so closely the intervene •
OM that the measure will doubtless receive 1
Commons a more careful consideration than I
bestowed upon it in the house of its parental
CONMAIrD AT MALTA.—It is already
that Liost.-Ossoiral Ellice returns from the camas
teems at Malts immediately kis ~seem is spoofs
although the name of the general °facer who is a
loeut-timisral Ellice has not bons °facially snaps
have heard it stated in military girths that the gel
will offer the esmamiad in question to Lieut.-Gel
Harry O. Smith ea his arrival in this country 1
Cape af Geed Hers.
Arerretacsiums' HALL—Names of gentles
eased their examination in the mimes and m
asolicise, and received certifieatee to praetkie, a
day. March 23, IM2 Thomas George David D
Ando w's court, Mahon. hill ; Alfred Jackals
klor.y Bartlett Lingoottliy, Modbury, Deem
Woligoa, Itioniegham ; Samuel Dr's', (I.,Thwe
Kintbolton ; Alfred Freer. Stourbridge
terabit.. ; Patrick James Mallarky, Margate; Jot
Sutton-place, Hackney.