The Express.
London, England, 1851-03-08 00:00:00

Jaw Intelligence.

EQUITY COUItTB.—YesrERDAT.
Bungs Low. Cumming' (V,c (ernrcmtu.).
METAIRIE r. WISEMAN.
Mr. Bothell proceeded in continuation of his address in
this case. Ile said having read the evidence adduced on
- .

behalf of the plaintiffs, he would, before reading the defen-
dants' evidence, recapitulate in a few words the facts of the
case on which the plaintiffs relied. That case commenced
by the introduction of Cana% the alleged donor, an old and
sick man, being restless about the dividends upon his stock.
Carne had for thirty years been in the habit of receiving
those dividends himself. In fact, he knew of no other
mode, and it was on that ground, and on that alone, that he
felt anxious. The priest, having been introduced to him,
undertook, according to the plaintiffs' hypothesis, to relieve
him from the difficulty. He promised the old man
to bring a gentleman, who would prepare a power of
attorney to receive the dividends in question. The ,
priest sent for Cooke, who came at his bidding ; and
they agreed together that they were justified in constraining
the old man to acts of charity. They did not prepare or
procure a power of attorney, but a will. It was clear they
had received no direct instructions from Care for the pre-
paration of his will, for it appeared they were then ignorant
of the particulars of his property. They knew only so
much as was necessary for the preparation of a power of [
attoruey, and they treated the property, fur which that'
power was required as the whole substance of the testator.
That they were then unacquainted with the old man, and
ignorant of his affairs, was shown by the fact, that, in the
will then prepared by Cooke, he is described as Matthew
Cirri not by his actual name Mathurus Cane.
That clearly showed their ignorance, and that they
had not received adequate instructions for the prepara-
tion of a will. They came to the abode of Carre
on the Monday, when, instead of the power of attorney re-
quired by Carne, they produced the will. This the old man
refused to sign. Of this there was indisputable testimony.
They then went away, promising to procure a power of at-
torney. They again came on the Thursday. It appeared
that the old man had iu his mind the greatest misgiving as
to their purpose. Ile told Hamilton that lie had seen
enough of them, and was desirous to be rid of their impor-
tunity. On the Wednesday, believing himself to be on the
point of death, he gave Hamilton his last injunctions. He
forbad him to allow them on their return to enter his apart-
ment; but being anxious on the subject of the power of at-
torney, he directed that they should leave the documents
with Ilamilton. On the Thursday the priest came, at-
tended by his friends. Ile was met at the door of
the house by Hamilton, who told him of the
injunction of the old man. The priest, it appeared, was al
man of imposing demeanour, tall in person, of a command.'
ing presence. lie beat down the opposition of Hamilton,
rushed past him, invaded the chamber of the sick man,
followed by Hamilton and Brows, who were desirous of
protecting Caere. The priest then thought proper to
address the old man in French, for the purpose, of course,
of preventing those present from hearing what was said.
what arguments ho urged, or what other instrument
ho put into operation. When the rest of the party had
come into the room. Caere, it appeared, had ap-
pealed to Cooke. Ile had thought the only mode
of pacifying the priest was to allow the party to
enter. Ile then said to Cooke—" Why did you not obey
my injunctions? I desired tint to see you, hut that you
would leave the documents with Hamilton. Why do you
come here ? " It was shown that Cooke was struck by the
appeal. Ile faltered, and feeling the impropriety of the
proceeding, he took up his hat, saying, Recording to the
evidence of the defendants themselves, e Sir, we will leave
the papers with you. You can look over them. We must
not proceed further to-day." The ruling spirit had then
again interfered, in the person of the priest. Overpowering
the better feeling of Cooke, he commanded him to remain,
and insisted on the proceedings going on. Hanging over
the old man while the documents were read, he handed to
him a pen, and the old min signed the documents'
under his influence. The thing was perfected entirely
at his bidding and under his control from begin
ning to end. The sante influence had prevailed
over the other parties to the transaction. Though
he reluctance of the old man had been thus overborne, his
secret intentions were manifested thus. It appeared that
he signed the document believing it to be a will, from the
terms in which it was read. But he signed it with the
secret purpose of requiring it to be left. On Cooke pro-
posing to take the documents awav he remonstrated, but
they were carried off against his will, in spite of his earnest
entreaty. When left alone with Brown mid Hamilton he
had observed, "These men think they have got me to exe-
cute a will, but I will take care to execute a fresh will,
and so disappoint them." That he had expected them to
bring the power of attorney for his dividend+ was shown by
his remonstrance to Cooke, and by the fact that, to quiet
him, Cooke promised to do on the next day that very thing
which it was clear from the I Ohl man's language from beginning
to end was the only thing fur which he desired the attend-
ant* of Cooke. Those were the facts of the ease as repre-
sented on behalf of the plaintiff. Could it be contended
that a weak and sick old man was a free agent ? or that it
was his unbiassed purpose to execute instruments having
the effect of those which had been executed ? So to contend
in the face of all the circumstances which had been stated,
would be to contend for a proposition the truth of which no
man there present would for a moment believe, and which
it was the bounden duty of his lordship to refuse to believe.
Thrice had the manifestation of repugnance on the part of
Caere been overborne by the priest, and if this, instead of
being thrice repeated, had only taken place once, it
would still be the bounden duty of the court
altogether to discard the supposition of free agency
on the part of Cane. Having thus given a
short summary of the case, as it appeared from the plain-
tiffs' evidence, he would proceed to consider the affidavits
adduced in support of the defendants' ease. In doing so, he
would first take the affidavit of Huldnock, next that of
Cooke, and lastly, those of Gesquet and Miss Clark. Hold-
stock, by his affidavit, deposed that for 2.5 years he hail
been the officiating priest of the Homan catholic chapel of
Be. Aloysiva is Clarendon-square, Somers-town. He was
acquainted with, and acted as the spiritual director of
Mathurin Carr, for the three years nest preceding his
death. During his acquaintance with Carre, he (Carre)
was a frequent attendant at Divine service in the chapel
iu Clarendon square. In u few instances Carne had entrusted
him with small sums to he applied to the relief of the poor.
Those instances had: never occurred more than twice in
the same year, and the gifts ut each time never exceeded
20s. Carte was a Frenchman, who had been educated
for the priesthood. Ile had been a Clem tanner: while
in France. For .50 years ho had been domiciled in Eng-
land, where he earned his subsistence as a teacher of the
French language. By that means, together with what aid
he had derived from the Emirant Society, he had accu-
mulated his whole fortune. lie continued this leaching
till his death. Ile resided in Cherlton-street, Somers-
town, nearto the chapel heforementioned. His habits were
miserly, and it was his custom in attending the chapel, to
take his seat amongst the poor, upon the free scats.
The affidavit then proceeded as follows :—On Sun-
day, the 28th of February, 1817, he, Holdstock,
received a visit from Raymond Ga.squet, a member of the
congregation at the chapel and a medical practitioner, by
whom he was informed that Mathurin Caere' was very ill,
and that it was doubtful whether he would recover.
Gasquet begged him to cull upon the invalid and afford him
spiritual assistance. Ile promised that he would du so. At
eke same time Gesquet intimated to him that the invalid
was desirous of leaving a sum of money for the benefit of
the Roman Catholic School for girls attached to the chapel.
Upon this communication being made to him, he, Hold-
stock, was impressed with the notion that it was so
made by the direction of Caere himself. Prior to
the 28th of February he had no communication
with Gasquet relative to Care, or his affairs. On the after-
noon of the same day he called at the house of Hamilton,
in Charlton-street. Ile said he called to see the sick man
Carne, and as his visit related to spiritual matters it was
probable that, according to his usual custom ee those occa-
sions, he requested to see Cant alone. He was then shown
up stain and left alone with Caere. After expressing his
regret at the illness of Carne, he proceeded to speak upon
his spiritual concerns. Cane appeared to be anxious on the
subject of religion, and expressed his desire to attend to and
settle his temporal affairs in the first instance, in order that
bin mind might be free to enter upon and give strict atten-
tion to his religious duties. In doing this Cane anticipated
what, according to his (lioldstock's) rule and practice, and
that of others of his calling, he (Holdstock) would have re-
commended. The affidavit then went on to state that Card,
without any question, observation, or remark on the part of
him (11oldstock) as to Carre's property, told him that he
had 10,0001. in the Bank of England; that he intended to
begr,Sliußle°au:f(fiseintosihhi:thinia7toan;lo22')lil:sod:ceuriveuinsdrtakneee.ddttphh[treoheimf
,c(atolibiainnotiltntod.hdisgstoceba3giioo::).l,,s t'eloa.Chamhp:reoepin.areg:ll
tohShtrii :
and in fact his
inability, to prepare such an instrument, and begged him
to excuse him from being his executor. Holdstock added,
at the same time, that he would, if Cane thought fit, in-
troduce to him a professional gentleman of his (Holdstock's)
foaegworuuaihildinnatano Csocarrie: wiihthOoleaStwnosOCUligiLdnibiadvill"egisifirledecwisliwhnedpWretol'EenlllllS•dhihisatw°hese
executor, mentioned that his friend would perhaps consent
to be named to the office. Upon this Cane said, " tres-
hien." Holdstock then at his (Card's) desire wrote at his
dictation memoranda in pencil by way of instructions for
his will, which memoranda pointed out ands pecified the
mode in which he had already told him (I.loldstock)
he wished to dispose of his property with the names of his
relations (excepting the names of the chi ldren of his de-
eamed sister, Mary Machard), and also with the addition'
al SOL, which he desired to be left to Matthew Hamilton,
esti the like sum to him (Holdstock) for masses. Hold-
stock then left him, promising to call on the following day.
The affidavit went on to state that during the whole of such
interview of Holdstock with him, Cared was most clear,
collected, and deliberate in all that he said to Holdstock,

and that the directions then given by him concerning the
disposition of his property were obviously the result of pre-
onceived and well-eimaj4creil drtrrmivation on his part.

Shortly afterwards Holdstock sent a message' to Cooke.
Upon tho latter calling one evening, Holdstock in-
formed him of the fact that Carr, wished to
have a will prepared, and had asked him (Holds-
stock) to undertake the task, and that he had declined, but
had promised to introduce Cooke for the purpose. He then
handed to Cooke the written memoranda token down at the
dictation of Carri, for the purpose of Cooke preparing a
will, in which he (Cooke) was to be named as executor;
and he appointed 5 o'clock p.m. of the next day, Monday,
as the hour at which they were to call to see Carri. On
the following day (being Monday) at 5 o'clock they, Hold-
stock and Oooke, accordingly attended at the ahutle of
Carr 6. On being shown up stairs to Carri's room, and
being left there by Hamilton, Holdstock introduced Cooke
as the gentleman he had already mentioned to Carve.
, Cooke then asked Carrii several questions as to the nature
I and extent of his property and his intended dispe-
-1 'titian thereof. In answer, Curti stated he wished to leave
7,0001. Threeould-n-quarter per Cent. Annuities for ever to
the mid girls' school attached to the chard iu Clarendon-
square, and also to give 3,0001. in Consols among his rela-
tions. Curti:, then observed, that since he had spoken to
Holdstock on his affairs, he had determined to have two
executors, as a difficulty might arise in the ease of the
death of one, if be had but one ; and that he wished the
name of any man of probity to be inserted. On Cooke ask-
ing him to name a second executor to act with him, he mid
that any trustworthy person would do, and added that he
should leave 501. to each executor. As Carts, did not gist
the name of a second executor, Cooke mentioned the name
. • ...

of Joseph Ilay,now deceased (then one of the cashiers of the
Joint-stock Mink. in Pall-Mall, and who had been then for
many Years a member of the congregation of the chapel in
n. Clarendo street, and well-known both to Cooke and

stock) to act as inch second executor. Carrtt assented, and
added that he wished 501. to be left to hi. landlord 11.unil-
ton, and 501. for masses. Cooke then told him (('ani) that
it was doubtful whether the disposition, if expressed to he
for MaIiSCS, would he a legal one, and added that if it were
left to the deponent Ilolilstock generally without saying
more, the latter no doubt would take cure to dispose
of the amount in the manner intended. earn:, said
that would do, and that he wished those four
sums of 501. to be paid out of the dividends
of his stocks. He stated also that he wished preni-
siou to be made that, in the event of the thenymeent girls'
schools in Somers-town being broken up, the ~000/. should
he applied in like manner for catholic schools of a similar
description, there or elsewhere. Cooke then told Calve that
if the matter was delayed fur a few days he might save a
sum of 7001. to the charity fur legacy duty on the 7,0001.
stock, but that in that case it would he necessary to transfer
the stock into his own name, and that of say other person
in his lifetime, and to execute a deed instead of a will.

Cooke then explained to him the nature of Koch a deed, as
to the investment of the fund in trustees' name. bathe pur-
poses (tithe eharity,with are,ervation tohimsellof a power of
disposition during his life over the whole fund. Caen' appeared
to understand all that was Cooke then sugg , •steil rho
insertion of the name of Bishop Griffith. in the proposed
deed, in addition to the mime; of Caere and himself, as
trustees of the stock ; and at the same time explained the
neeeesity of a transfer of the stock into the names of such
trustees, in order to effectuate the charitable object in view.
It was also explained by Cooke that the effect of having
his own (CarnYe) name inserted on the instrument in the
bank books would be to prevent the principal front being
touched in his life-time, and to enable hint while
living to receive the dividends himself: and that
the deed would contain • power enabling him by
any other domed afterwards executed by him in like
manner as the first to change his disposition of the property
altogether, if he should think fit. Cooke likewise suggested
that he should make his will for securing the interests he
had expressed in favour of his relation,. Iu these suggestions
Mr. Caere acquiesced, adding, " What I um doing I ion
doing for the honour and glory of God, and 1 wish to do it
in the must effectual way I can," with great apparent
sincerity. On his observing that he could nut e., into the
City to make the transfer, Cooke said lie could do it by
giving a power of attorney, adding, that if Its
thought fit to name him (Cooke) in the power to
transfer the 7,0001. stock for hint ho might do so. Caere
assented to this, and at the same time stated that he wanted
the dividend then at the Bank of the Three: per('ent. stork,
and that he should want another power of attorney for that,
but would not trouble Cooke us to that, but would get Ha-
milton to procure it and receive the dividend. Carrl,
during the whole of this interview, oat on his chair at a
small table droweil, having his great coat and hut on, and
during the whole time was obviously a loan of sound and
strong mind and much self-will. Ile without doubt per-
fectly understood everything he was directing to be
done and everything unmerited to him. The deponent
(Holdstock) wee satisfied that he (Caere) would
not have brooked the slightest attempt of any
one to exercise any sort of control over him.
lie asked if all could be done by Thursday, to which Cooks
said yes. Caen': then appointed Thumbs), at 5 o'clock in
the afternoon, for every thing to be ready, and fur the patters
to be brought to him to sign, and stated that he did not wish
to be troubled in the interval on the subject. Cooke end
MoldstockthenleftCarre. Thedeponcnt then went on to say
that Cooke never during such intercourse produced the will
which he had prepared for signature in cam of necessity,
and that Cooke in the meantime prepared another will, to
accomplish what was to be done by will, and also a deed for
carrying out what was to he dune by deed, and moreover,
obtained the usual printed power from the bank for effect-
ing the transfer of the 7,0001. stock, and caused the deed
of trust to be engneeied for execution. Tho de-
ponent Headstock then went on to say that he
was not aware what had become of the first
proposed will until a few days before swearing the affidavit,
when he accidentally found it, or a fair copy thereof, in the
handwriting of Cooke, among papers in his possession ; and
he believed that they had been handed to him by Cooke,
after the death of Carr. Cooke informed him that he had
not inserted in the will the legacy of 50/. intended for him
(Cooke), but had made it the subject of a distinct codicil,
which might he executed in his absence, as he might nut
wish to be present while it was signed, and he requested
the deponeut to take charge of such codicil, and see it exe-
cuted, if Carre should not express a wish to the contrary.
Cooke haring drawn and procured to he engrossed for exe-
cution the settlement and will and the codicil, and obtained
from the Bank of Bughind the common printed stamped
power of attorney fur the transfer of the 7,0001. stuck,
Holdetuck and Cooke attended at the residence of
Carr on Thursday, the 4th March, at the time
appointed by him, Cooke having previously requested
Miss Clarke and Hay to accompany him there, in order
that they might attest the execution of the documents.
On their arrival they were shown into the front
parlour, where they saw Hamilton and William Chattel
Brown. Hamilton then said Curl was very unwell that
day, and would make another appointment. As they at-
tended by M. Corn's appointment, it occurred to the de-
ponent (hioldstuck) that Hamilton might possibly wish to
oppose an obstacle against the wish of Carre. Deponent,
therefore, amid to those present, " Wait a moment, and I
will see M. Calve, and see whether this is so," and
immediately went up to Carril, whom he found in
bed. What passed between them was very abort,
and in French, a language very familiar to the
deponent. When Caere a el hu were alone toge-
ther they usually spoke in . French. Holdstuck asked
him whether he wished the appointment to b, postponed.
Cure answered, it was because' he felt weak and ill. Head-
stock asked whether he had changed his mind. His answer
was " Nu." Itoldstock told hint everything was ready
according to his appointment, and that all the partiea were
assembled below, and suggested that delays were dangerous
—miming that he might possibly die, leaving his expressed
intentions unfulfilled. Carre said, " Very well ; 1 had bet-
ter sign now ; let them come up." Holdstoek then called
from the toll of the stairs for the persons below. On their
coming up, Hamilton went up to the bedside, and as depo-
nent thought, with the view to excite CAM', asking halo
whether it was Hot true that he had desired hint
(Hamilton) to tell them he wished to postpone the
appointment. Carre answered it was so; but he was wil-
ling then to go on. Hamilton repeated the question in a
manner, the deponent thought, calculated to excite M.
Caere ; deponent therefore could not help feeling annoyed
at what was done, and probably made some gesture with his
hind ni give him to understand that he should cease further
disturbing M. Caere. Deponent, thinking the pretence of
Brown, who was a stranger to all except Caere, some•
what officious, said to him, " You are not wanted
here." Brawn (lid not, however, retire; and Cooke
interposed, and desired all to remain. Deponent de-
nied positively that any blow was struck, or any act of
violence committed by him on the person of Hamilton
or Brown, or anyone else. Lleponeut thought what passed
must have had the effect of disturbing M. Carre, for when
Cooke said to him he had brought the documents as re-
quested, Carve expressed a wish that they should be left
with him,• to which Cooke assented. Thin being contrary
to what Caere; had before intimated to deponent, deponent
intimated to him in the French language and leaning over the
enclosed part of the bed, that as he had previumay consented,
deponent thought be had better proceed now than have
afterwards the fatigue of another interview, and that ho
might as well permit Cooke to read the documents through,
and hear whether the documents had been framed accord-
ing to his wish. Deponent 'poke mildly and calmly, his only
object being to appeal to Carre's sense of what was reasonable.
Deponent did nut forget his spiritual office, or that it was
desirable Carre should settle his worldly aflleirs as soon as
possible, en as to leave him free to attend to his religious
duties. M. Caere appeared to feel that what was said to
him was right and reasonable, for ho consented, and
told J. A. Cooke to stay and to read the papers. Then
J. A. Cooke repeated to M. Caere that he was quite ready
to leave the papers with him if he preferred it; but M.
Caere again desired J. A. Cooke to read them tfien. Cooks
then sat down, and proceeded to read them over, first read-
ing the deed of settlement, which he read aloud, and dis-
tinctly, and no doubt very correctly, and occasionally, as ho
proceeded, he explained it to M. Caere; and it seemed to
deponent that he took particular care that 11. Caere
should understand everything that was read or ex-
plained. M. Caere on more than one occasion said
"That is right," or used words of a similar import.
When J. A. Cooke had read it he asked M. Carre if lie un-
derstood it, and if it accorded with his intentions, ho
answered "Yes." Tho deed of trust and will were each of
them read over and also explained to M. Carr; by J. A.
Cooke in a distinct and audible tone, and so as to be clearly
based by every ono in the room, M. Caere aid every
I.r present appeared • fully to understand the same.
Cooke told M. Carre at the time that he could by
soother deed of a similar kind put an end to what he was
than doing, and in that case could do what he liked with

41.611eek..aad be sett/Jed, if he willed, to haws it besopht
beck into his own sole name. And J. A. Cooke distinctly
told bins the mode by which he could teneke the deed,
'Lonely, by a died before two witnesses to be executed like
the one them produced. J. A. Cooke did not tell him that
could resobe the disposition of the 7,0001. or the said
deed of trust thereof by a will. Ile (deponent) had a full
impression that some one present naked J. A. Cooke specifi-
cally whether Raid deed could be revoked by a will, and
that he answered, "By deed, hut nut by will." J. A.
Cooke also eaplhined to M. Caere the nature and effeetof
the power of attorney for the transfer of the 7,0001. stock,
and asked him if he understood the meaning sail effect of
all the &truest nir read, and if he wished then to atgn them,
and if they contained all his wishes, and he at once as-
steered " Ves, and I will sign them now." Cooks dnally
tuned to all the company present sad asked them dame
questions, sir.—lf they considered M. Caere to be is • Be.
state of mind to depose of his property, soul to execute MM•
documents he had read ? If they consideind M. Cared fay
underennd their purport, and if the transactions was is tbildfr
judgment a for and proper transactinn ? And if they taw
entered M. C.sro, might with propriety be allowed to loathe
documents which he had just read and explained? To
each of these questions, es asked, they all answered " Tea."
J. A. Cooke asked the further question whether they
thought the business need be postponed, and they all an-
swered e No." J. A. Cooke then asked W. C. Brown
whether he would consent to be an attesting witness to the
execution by M. Curti of the several documents, and he
thereupon c xpreseed his willingness to do so,and did accord-
Innis, (together with Miss Clarke) attest them—that is, the
deed of trust, the will, and the power of attorney for the
transfer of the 7,0001. stock after they were respectively exe-
cuted by el. ('ern,. Mies Clarke did not at any time live
at the same dwelling-house as deponent did, but Mrs.
Morton del live in his house. The persons mentioned is
Hamilton's affidavit who presented themselves on the pre-
vious Monday stated that they had not gone there pormantto
directions given by deponent, nor did he give them such
directions in order to attest the execution of any docu-
ment or a ill, deoinwnt might induce Carte to execute, nor
did do fitment dismiss them because Carr? refused to signa.
the document, %loch deponent was represented in Ilessall-
ton's strides it as desirous to ehtain from Cared. The ex-
pression, "to pray my soul out of purgatory," Imputed to
Cooke, were weir& which no Rmilan catholic of his station.
education, and feeling, could possibly make use of. At
first, and le fore the documents were read, Corti did seem
to he somewhat annoyed and excited by the altercation I
which had taken place, but the appearance of such annoy- !
sore hail subsided when he directed the documents to he I
read. The folly other instance of anything like complaint on
the part of Caen% was an obseryation when the codicil was':
presented, on the fatigue of easing so many documents.
Deponent fully intended to call on Caere on the Friday;
but no mce.ting liar/met that day he was told by him that
Carrel was much better, and might, in all probability, linger
on for some weeks. Ile (deponent) had no doubt that his
onffianin to call arose out of a reliance nn that state tome
and from feeling it to Ir his duty to &thud to other appa-
rently more pro.i.sing calls for his attendance. Ile had cer-
tainly intended to call on Caro, en the Saturday, but this
intention was anticipated by a message from Hamilton on
that day informing him of Caere'. death. That was the
effect of the affidavit of lloldstock. Now, upon the affidavit
the de est of which he had just stated, the whole transac-
tion, from twgimeing to cud, appeared in fart vibe the work
of Huldstock. Having learned from Ousepiet the existence
sif the property of the dying man, he had been active
in obtaining the instruments by which it hod been
disposed of. lie had had recourse to Cooke, nut
lb a ',elicitor. The court, with reference to this
kequest, would make no distinction between the
priest and his chapel. Through the church the priest him-
self wail the party benefited by the old man's money.
lie had thrice overpoweml the old man's resistance • and
had alsodisregarded the remonstrance.' and twirler of

Cooke. He Lid throughout directed the transaction. By
Idle ordinary rule oof the court a gift obtained by ouch in-
fluence emild not be :Wowed to stand, whether fur the be-
nefit of the party using ouch influence or of his nominee.
The rule wan founded on public utility and public policy.
The present else wag infinitely more dangerous in its eon-
sequences than those ordinarily protected by the court.
There was nothing in it to justify a relaxation
va the ordinary vigilance of the court. The priest
so doubt hod acted on what he considered a prin-
ciple of duty. The role of the Roman church was,
however, at voriance with that required to be observed by
the civil government of the state. It was so en the eon-
liens: certainly everywhere the Code Napoleon prevailed.
la those countries • priest was incapacitated from taking
property either by deed, inter vivo., or by bequest. Soo also
Mere religious ostlers or establishments. Such • restriction
was equally necetnary here. In thaw countries the teota-
ifientary power was restricted by law. Part only of a man's
kerty could be left away from his children or relatives.
.. such nootrietion, however existed here. The whole
property of an individual was therefore at the
merry of the priest, if this kind of influence were
allowed. " Huguenin v. Bawley" (14 Vasty 's reports) was
the only ease where a similar influence had been imeruperly
exercised by u clergyman of the church of England.
The karma counsel then proceeded to read the affidavit
of Cnnke, which, in moot respect'', appeared to be to the
MAI' eft et an that of Ilubleroft, but, before the conclusion
o/' such reading, the further hearing of the case was ad-
journed till to-morrow (this day).