The Express.
London, England, 1852-07-27 00:00:00

INIPOR CANT WILL CASE.

A case of singular interest, from the high position
held h. parties involved, the romantic character of the
dream ••naree br.•ug'.t to light is the investigation. and the
amount or limp, fly turilretl, was tried at the last Wexford
IliZto. It occupied the wart daring four consecutive
days. The case, which was that of Boyse v. Rosaboratigh,"
Omar before the wart is the share of an issue from the
Coact en l'hsticery. to try w...ether the will of the late
errcu t'll,lough, of Tintern Abbey, of the date of Aug. 6,
wain the testator's last will and testament.

h r‘.m the ease, as stated for the nlaintiff, who is the I
widow of Mr. Colelough, having since married a Mr. !
Boy •.„ it appeared that the late Caesar Colclou;h was the I
@ldes• son of Sir Vesey Colelough, who was a man of dial-
pat. I h ihids, and pia:rated from his wife ; his son Caesar
whdet a boy was units left in such a state of destitution
thot h^ has walked round Stephen's green, in Dublin, l
thinning on hie gloomy prospects, and having but
sir my sufficient to buy a cake at the corner of •
Oraftwa-street. In 1791 he went to France, was arrested
by Robespierre, and continw-il at St. Germain in prison un-
til 1791, when ha escaped. It appeared that Mrs. Rambo-
reegh was the daughter of Ca-ear Colelough, a cousin of
teetetar. an I subseeplently Chief Justice of Prince
Edward's Idaed. Mr. Dudley Colelongla and Mr. San-
field l'olamalt were Mon cousins ; and it appeared the ter
tator in early life conceived a decided hostility to his rela-
tives, from the fact that, whilst in France his father had
mode a w ill in which h., left large sums of money to mem-
lben of the randy, which he had r.• power to dispose of,
being hat tenant for life ; and Creme, the testator, accord-
Inghi disliked Cgoar the eouusellor, as having been an in-
stig. tor of the will. Various letters of the testator to his
brother, John Colelough, who, in the year 1.07, was shot
its a duel by Mr. Alowk, with whom .he was at that time
con'. *tine the representation of th • county of Wex-
ford. were pr :dieted in evidence. The correspondence
beta era the brothers was of a most affectionate
chat eter, and showed the testator to be a man
of capacity and vigour of in'elleet. His habits were
peed*:; he drank no wine; was fond of music
and abject* of vertu, and never lost the habit of swear-
ing.
which he hail contracted in early youth. the
(ewes of his vituperation being members of the ('olclough
family. The only letters between t'asar the counsellor and
the testator sewer to be three, in which the former applied
for tee sunk of sixty fulnelLl, which he stated he had Id-
eate...l to send Sir Tuley to the mountains of Wicklow, to
procur.. gent'. whey shortly before his death. In one of
theft: letter., which bare date the 2nil of April, 1803, he
*poke of an annuity of 1001. a year, which he stated he had
arquired by giving up a lease which Sir V ercy had given to
kin. hut bad also given to others, and the matter woe corn-
proeitsed by the grant of the annuity. lie admitted the
introouviern of is professional gentleman to Sir Vesey to
sae: • his will, but stated that he did not know the contents
of a until atter its exteution, and that he had never taken
advantage of him, though otten in his power to dela. Upon
thu iettet t::: re WAS an iudor,enteut of the testator's, in them
words, "Ili. ai.nuity of whom he took no advantsge!"
It further appeared that the testator was a detenn in Frame
from the rear Ibo 3 until the year 1814. That during his
absent• his friends being anxious that he should represent
has I. iticecuensty in parliament, wrote to him two knees,
one of the 11th April, 1808, and the other of the 14th of
Ap:.'. on the first of which he hail endorsed, " if I had not
been Om I Malty hurried, I could hare had a conpc but
was sl•tlintq by the First Consul," and on the second,
This 11s the greatest misfortune that ever betel me."
Wi..ist abroad, icing a person of great mechanical and
seientille acquirements, he was allowed to go amongst the
Fre evil leas Into and give them instruction, airS in ti as way
he...mitred bahite of great frugality. Upon the death of
ha, !rather John, who had managed his affairs in Ireland,
be appointed a Mr. Moment hie agent, but upon the testa-
tor's return to Ireland in 1815, instead of having large
savings from his estate, it appeared there were none, the
amounts of the agent showing that they had been applied in
election expenses and law suits. In 1818 he again contested
the county w ith the present Lords Courtown and Carew, and
the :ate Lord Valrntia, and was returned. The election lasted
for more than twenty days, and its expense was a subject of
deep mortification to him. Shortly after this he married
Miss Kirwan. and it appeared that the union was &met
happy one ; that his attachment to his wife was of the
strongest character ; that he could not bear separation from
her of a day. In 1824 he made his will, devising his estates
to Thomas Boyse (the husband of bis widow) and Thomas
Derinzy upon trust to pay has funeral expenses, which were
not t 1 exceed '2Ol. ; to pay his mother a jointure, his wife,
due ml widewb4A, 1.5001. a year, sedan additional jointure
to Lis mother. prodded she eceived a female relative
whom he named as the cause of family disunion into his
how, He then gave his cousin, Dudley Colelough, ls., and
to lamer, the eon of Dudley, an annuity i f 1001. a year,
and to another son:nd. a year ; his property then to %mama-
late untii a eon al Ciroar or Dudley should attain majo-
rity. *edema having been educated from four yearn of age
in either England or Scotland. Counsel referred to a
vast variety of correspondence, in all above ninety-five
ktters, to his various house and land agents; amongst
others one to the Messrs. Reeves, dated the Ist of July.
1837, in which he mentioned that on their way to Dublin
be had been obliged to stop in consequence of his wife's
illness, and that unless she were better be would not leave
if his estates el:Tended en it. Three letters to his agent and
friend, Captain Kennedy, testified to his strong attachment,
and enlaced the moot accurate knowledge of his affairs, the
cooilition of his property, and the minutest attention to the
smallest household details, the hiring of servants, their
wags, characters, and habits. It appeared that Cwsar, the
counsellor, died in penury in Paris—that there was no proof
of :s haring known hie daughter, but that his hostility to
Bar-field Colclough, Dudley and his sons having died with-
out issue, continue.' unabated. In the latter years of his life
he nodded a good deal at Cheltenham, where he purchased
Botetie House, and occupied himself in his laboratory,
where in the month of June, 1812, be was attacked with
inthema, and was attended by Dr. Futisam. He recovered
from this attack, but, having broken a part of a wall for the
purpose of his laboratory. he got fresh cold. On the 3rd of
Aisaust he seat for a profeesional gentleman, Mr. Williams,
when his first will was drawn, and executed on the 4th
By this he gave 4,500/. to his wife ; a second will gave het
4,5001. a year, and Botetie Meuse. This was executed on
the .sth of August, and a third will on the 6tb of August,
by which he devised to her all hie real and personal pro-
perty. This was admitted to be nearly 10,0001. per annum.
A great number of witnesses were examined on both
aides , and fur the defendant, who is also a lady, sad
claims as heir of the testator's nearest relatives, it was
urged that the testator was a man of weak mind, and to-
tally under the inffuence of his wife when he made the will
in question. Witnesses were produced to show that he was
a li.e-pecked husband. and that his wife exerted tyrannical
authority over him. Ultimately the jury found that the
wit of August 6th was not the testator's last will. The
vet diet was received with great cheering in the court.