The Express.
London, England, 1862-02-27 00:00:00

COURT OF PROBATE AND DIVORCE.

FM. 26.
(Before the Judge Ordinary.)
HARDY (cunt) V. SMICIII.—eneenAL JUST.
Mr. Hawkins, Q.C., and Mr. Garth appeared for the
plaintiff ; Mr. Coleridge, Q.C., and Mr. Mathew for the
defendant.
The plaintiff, the Rev. Jno. F. Hardy, fellow of Sidney
College, Csunbridge, propounded the last will of Mrs. Louie
Parker, late of Clapham-read„ who died in October last.
The instrument propounded bore date the sth of February,
1835, and probate was resisted by the defendant on the
grounds of undue exsoutioa, want of capacity, undue
iu-
fiuenos exercised over her by the plaintiff, sad intimidation.
The testatrix truths widow of • Mr. John Beilby Parker,
who bad died in 1853, leaving her • life-interest in his pro-
party, with remainder to his sou John. This Mil had,
however, made a will bequeathing his property to his step-
mother, the testatrix, and he had died about • month
before her. is February, 1855, Mrs. Parker called
epos Mt Watts, the Record Keeper in the Vicar.
Gesisrsre-office, Doctors'-comnions and having dictated
the will to him, she executed it in his presence, and it was
attested by him and by his servant. By the matrument she
gave a few trifling legacies to her sister and to other per-
sons ; after which she bequeathed the residue of her pro.
party to Mr. Hardy, who was her intimate friend. It was
estimated at something over 3,0001. Mr. Hardy stated
that in 1860 be was mathematical master at the Stockwell
Grammar School, sod while there he made the acquaintance
of Mr. and Mrs. Parker, who had • boy in the school. On
ercaremininatiou, Mr. Parker said the testatrix wee about
58 )issre of see when she died. In early life she had been
• Mrs. Close, but the had left her husband, and had ulti-
mately married Mr. Parker. She did not go much into
society, but she had a few lady Meads. John Parker lived
with his stepmother, was aware of her friendship for
the witness, and approved of it. John Parker was en ille-
gitimate son. The defendant, Mr. Spencer, was a brother
of the deceased. He was an attorney, and was not very
well off.
Mary Williams, who bad been servant to Mrs. Parker,
deposed to her perfect capacity up to the time of her death.
Oa eras-examination, she stated that after the death of her
mistreat Mr. Hardy looked through the testatrix's letters
and beret some of them. Before going through them be
desired whom@ to lock the door, which she did. He pro-
maimed to give her 504 in lien of her mistress's wardrobe,
which Mrs. Parker said she should have.
Mr. Henry Churchill, the trustee under Mrs. Parker's
will, also proved the testatrix's ability to transact business.
Mr. Coleridge having addressed the jury, they returned
a verdict establishing the will, and negativing all the pleas
of the defendants.
Sir C. Cromwell decreed probate, and condemned Mr.
Spencer in the costa.
WYATT AND OTRIPII V. JONIE.
Dr. Deese, Q. 0., and Mr. H. Matthews appeared for the
plaintiffs ; Dr. Phillimore, Q.C., Mr. Kerslake, Q. 0., and
Dr. Spinks, for the defendants.
The plaintiffs propouoded a will executed on the Ist of
July, 1868, by Miss Frances Maria Vaughan, late of Clifton.
Peckham ; and the defendants one executed on the
plane,
of February, 1859. The testatrix, with her sister, Anne
Vaughan, was the daughter of a wine merchant, who died
about forty years ago. They lived together at No. 26:2,
Albany-road, Old Kent-road, apes • small fortune which
they had had left them, namely, between 3,0001. and 4,0001.
in posonelty, and a small real estate called Yew Tree Farm,
which yielded about 1001. a year. They wore much at-
tached to each other, and had made mutual wills. They
had also a brother, who was a married man, and not suc-
cessful in life, but tiny &misted him se well as they could.
Anne Vaughan, who was described as a strong-minded
woman, ddiedonthe 17th of Jam, 1868. During her illness
the sisters had the help of the defendant, Elisabeth
Jones, who was otherwise cause Harvey, fee she
bed married the hothead of her deesearl sister;
sod although she styled be by the latter name,
elm ternaine of coarse, in the rye of the law a same spin.
seer. On the death of her sitar, Mir Venetia made • will
la favour of her brother, bat moan !afterwards, on going to
thaw the dividends on • sum of 710 f. in the hinds, she found
that it no longer stood in her name. She thee case to the
conclusion that her brother, who bad induced her to sign
some papers which she did not understood, mast have
included amoopt them • power of Wormy, under which
be had sold out, not only the 7201., bat a further sum of
2,3821. At all events, she never afterwards drew the into.
mil as Other of those sums, and she was very much in-
censed at the alleged miss:West of her brother. Under
the intliteme of that feeling_ she executed the will,
sod bequeathed by it the balk cd her property to Miesones,