The Express.
London, England, 1852-03-24 00:00:00

IMPERIAL PARLIAMENT.

HOUSE OF LORI)S.—TvzsDAT, Nivicu 23.
The LOUD CMANCELLON, took his seat at b o'clock.
LAW OF WILLS.
The LORD CHANCELLOR—My lords, I rise to move
the second reading of a hill for the amendment of the law
with respect to wills. When I iatrodaced this bill the ether
night, I stated to your lordships the difficulties which it wet
intended to guard against. My lords, the proposition is to
amend the present law by providing that where the name
of the testator is found after the will, so as to give, by its
place and situation, a sanction to the will itself—so as to
show that it was intended to sanction the will by the signs-
tare after the will, that shall be held to be valid. I believe
there will be &general concurrence in this measure, and I
believe that nothing can be more desirable, as people die
daily, end as men must have male their wills, and as a
great majority of wills would be held to be valid bat
for the old rule of law ; and, indeed, I know
that many of you, lordships, in consequence of what you
have heard, have done exactly what I have done myself,
namely, I have looked at my own will to see whether it
was executed so as to carry my own int, ntions into
edict, having a very great doubt in my mind whether the
appearance of the thing epos paper might not invalidate
it, tar 1 might hare put my name a little lower than
the rule of law required. And I think, my lords, that it is
or the utmost importance that a maws will should be con-
sidered valid and sacred where the mere form only is in
question, and the substance is not in question. Therefore I
propose, with your lordship.' permission, to carry the bill
through all its stages now, so that your lordships may be
enabled to pass the measure before Laster, and send it down
to the other house immediately. My lords, there are
other points which I have endeavoured to cope with, and
which may be open to noire observation, and which may
draw trim some or my noble and learned friends objections
to its pawing without more mature consideration; and, my
hole, is that .liould be so, I can only say that I should at
once feel my-elf bound to withdraw thaw clauses, because I
mean to put forward nothing that in my opinion shall en-
danger this measure, which is one which I think so exceed-
jiggly important. My lords, the two clause, to which I
nice will. I think, remedy a very great abuse. The act of
parliament of her present M.ijesty, as I hare told your
4enl require. a will to be segued at the foot or end
thereof, in the presence of two witnesses. That, my lords,
I have disposed of. It then goes on to require that the sig-
nature of the testator shall be made or acknowledged in the
pees. nee of the witnesses. Now, my lords, this difficulty
has amen upon that—it was not required by the Statute of
Frauds but this difficulty has now arises. Your lordship.
will bear its mind that what the act moires is, that the
signature of the testator shall be made or acknowledged in
the presence of the witnesses. Now, my lords, it often
happens that when a 11.11111 has made his will and called in
the viitu.ses to atb .t his will, he is anxious that they
should not see any part of the provisions of that will ;
suppote. ter esampk, that it is written on a sheet of letter
paper—you have at before you, end two servants, perhaps,
come into the room to witness the will, and the testator de-
ans. that they should not read any portion of the will by
glancing over that part which is above the signature. and
that has induced a man frequently to fold down the will to
as to aide from the witnesses the portion above the signa-
ture, and in doing so they have folded down the signature
itself. And, my lords, it has been held that as the statute
requires that the' signature, net the will, should be
made and acknowledged in the pretence of the witnesses,
that unless they have seen the signature the will is void.
Now, my lord., that was never the intention, and with your
lordships pi mission I propose to amend that state of the
law in this manner, by enacting that if the signature of the
testator be is it. proper place, and it is not proved to have
been placed then• after the witnesses. affixed the it signatures,
and if the testator at the time acknowledged the instru-
ment to be his will, that that shall be sufficient. Now,
nay lords. I entertained a hope—which hope I have
rather soandon:il within the last quarter of an hour,
but I had hoped that this proposition was free from
übjection, and would meet with none from any of my noble
and learned friends, because, if a testator acknowledges an
instrument tai the hi. will, and if the will come to be eta-
named, and the name of the testator is found to be to its
proper place at the end of the will, where is the danger ?
What is it, my lords, that you have to guard against? There
is the signature—this testator has signed it, and properly
speaking it is not his will unless he has signed it. If, there-
fore be did that which was requisite at the end of it, which
is necessary to give a &Mud operation to it, I ask your lord-
ships whether it is reasonable to allow men's wills to
be set aside upon a distinction of that sort. I
should promise your lordships that if any obstacle be ep-
posed by any of my noble and le rued friend. to this prosi.
Mon being tarried now—a provision which I should think it
not proper to attempt to form upon your lordships—if any of
my learned friend. should have any objections to offer, I
shall think it highly improper to attempt to ask your lord-
ships to pa...this provision without full consideration being
given to it: and therefore I shall withdraw it, so as
not to endangt r the ultimate success of the whole
measure. though undoubtedly I shall introduce it
for further and more mature consideration upon
another occasion. My lords, there is another improve-
ment. if your lordships should think proper to concur in it,
that I propose to introduce. The s: atute requires that the
witnesses should sign in the presence of the testator ; and,
my lords, it has very often happened that when a man is
making hi. will in extreasis—when he is lying in bed, and
is int Tattle of being moved, but still in a state of perfect
eapacay of mind—it has frequently happened that witness,,
who have come round the bedside, and witnessed the exe-
cution of the will, and seen it signed by the testator, all
due solemnities being observed, in order not to disturb him
have retired to the adjoining room, and there attested the
will ; and then the question has arisen—is that, or is it not, a
compliance with the statute, which requires that a will
shall he eioned by the wi senses in the presence of the tes-
t due ? Now, my lord., in order to meet the difficulties of
the caws—wait a natural desire to give cfrec: to men's wills
.where there is nu fraud, and where the statute has been
substantially complied with, the courts hare made this dis-
Section, that if the witnesses sign in such a position in an
'adjoining room, that they are within the line of light, so
that the testator, if he liked, might see them (although
f no-
body pretends that he did see them) the will is but
if they happen to retire light, the
table, for example, being out of view, and they all sign
the will, then the will is quid. Now, my lords, what has been
the consequence ? Why, my lords, this—that juries have
not been 100 id who would, though upon their oaths, find a
will to signed to be void. They would not find a will tone void,
though it was clear that the testator was not in'a position in
',which he could have seen the witnesses sign. And, my lords,
we have hail several instances of this sort. I have no doubt
some of my noble and learned friends will think that I have
not provided in the meet !satisfactory manner for the solu-
tion of this question ; but what I propose to provide for
is this, that where witnesses, without fraud, and as part
of the same transaction, without quitting the house or
place where the will is signed. do sign a will after
seeing the testator sign it, all due solemnities being
observed, that shall be held to be a valid will. As lam
addressing your lordships upon the subject, and speaking of
future measures, I would draw your lordships' attention to
a measure as to wills, which may require the attention of
this sad the ether house of parliament. The statute of the
first of Queen Victoria for the first time imposed the same
solemnities upon the disposition of personal estate as
in the time of Charles 11. (with variations), were int-
uited upon the disposition of real estate, and it wets
said, how very aboard is it that you cannot dispose of half
an acre of land without three witnesses, and yet you
may dispose of 100,0001. of personal estate which is
even fluctuating without may witnesses at all. Yet,
people do not desire every day to alter their testa-
mentary dispositions ; but they make variations in the dis-
petition of their personal estate by codicil or by legacy to
be payable out of their personal estate, however large it
may be ; but now no max eau make the slightest alteration
in his will—he cannot give lA, nor alter a certain legacy,
without calling is& tyre witnesses. It was said of a great
man, that the faults which we denounced in hiss died with
him; but I might ~J with greater truth, that owing to
the difficulties which the law throws around them, many
codicil. die even in thinking. These are points, however.,
which we must consider hereafter. The noble and turned
lord then concluded by moving the tumid reading of the
bill.

Lard BROUGHAM agreed with hia noble and I^arned
friend that, at all “rrits, the drat patinae of the bill should
he pelmet With reference to the preernt state of the law,
ma, test must be takes. It had lees decided, that if the
witar•se wore is a petition to be Ma by the Welker, that
wee waikeeset ; sad ft we alleek M No hew the kw ask
be otherwise eseetweed. 11te roctikeled diet e geodes
ones epee the Mkt of Rwshargh's will, se to whe the
witnesses signed es a particular table is the edikili
_reek,
where they would be sees by the tanker, se Work* wee
detid,d by a mutt of law. He did ant ohket to mks the
whole bill • wend reading ; but if there were disable aa
the mend and third Causes, it would be well to withdraw
them fee the prrernt.
Lewd CRANWORTH did not object to the tint clatter;
he theinght the other clauses required further conei•
ileentine.

—The ierl et ELLENBOR01:011 thought that all the
eibeesitsey provision* having reference to wllls should be
annhadied in ewe art of rarharnent.
The bill was thee read • second time.
• THE ARGENTINE REPUBLIC.
Lord 11LAU MONT then caned the attention of the house
io the $ of affairs in the Aker Plate, and having given
a AMA id the kletory of the pubilics watered by
that flyer, bee orWs dawnto the resist expulsion
of noose, weesied te ash several %modem enameled with
the wade e I ISlninise et thesevembles. the salstasse of
w hash me wheoinitro=lallearhed bees mewed with the
A hi that tar esmseskaiseme
strZselellithed dew ine waters of the Passaa, the
1.2=, sal *age= as well as to secure the inde-
a tion, including Bolt-
. Oriental The noble lard
wfdheg M the geinement to lose no tine is
estates Into estahliehisi a free navigation
aim. the
the pat by the s
Platt Parelkillind Peeeensy rivers.
Ind NAL 1618110111i= that it was sot is lits
M
power answer all ale lord at
=tbut se ism as hail Ism' et the earthiest et
te put hleuelt We onminsiendine wide the
meat of the Trench r.g.Wey der Ito wise dw.ew seek
negotiations with the slake ellq IM //Me Plate es would
contribute to the pease of Woe Milne sad the searwreial
interevta of both modems. The wormiest were sot so
blind to the interests of this coastry as not to see the vast
importance of the changes whit* hod just taken place, and
the tramethate nett .117 for taking 'mei., measures to re-
cur, for the cummr,re of this country the udvantages width
sight he reaped from them. Ile could nut detail the nego-
tiations or explain the plan of the govcrument bat he es-
eared the noble lord that ch. opportunity which sew cared

was fully appreciated, and that advantage weld be token
of it.

The Earl of ABERDEEN eapeamed his tati.edee et
what had fallen from Lord Melinalraq. The
deuce of the Oriental Republic, ctiddiAtau the soh
of our interference in the River Plato, was now
pliabed. Having had some eaperiesere ie Clam
he was anxious to testify that malting could
the good faith with which Frans.", both as a a
a republic, had acted towards us ia the drain of tie ier
Plate, and be was therefore glad to hear that the soak
lord had put himself into communication with the govern.
ment of that cuuutry with regard to recent occurrences at
Buenos Ayres.
After sumo further discussion, in the teem of which
Lord NI tLYEant'illi promised to furnish Lord B6AVIIUNT
with a copy of the last despatch received by the govern-
ment relating to the expulsion of Roses, the matter dropped
and.