The Express.
London, England, 1847-03-30 00:00:00

ASSIZE INTELLIGENCE.

OXFORD CIRCIIIT.-811REWSBURY, Mazes 26.
Before Kr. Berjeant Gamelee and • special Jury.:
Dos DEM BATHER O. BRATNI AND BOWL-EDO.—
Esacruzscr.—DiszuTED WlLL.—This use an SCIIOII
of ejrotaseut, in which Henry Francis Bather, the
t eon of Mr. J. Bather, late recorder of Shrews-
was stated to be the lessor of the plaintiff, and the
was nominally brought to recover certain premien in
the pariah of St. Chad, in this borough, though
ro really=
the right to pperty amounting to nearly 30,0001.,
under the will of Mr. William Brayne, late • dames and
lardair in Ellwewebnry ; and the whole quells& turned upon
the validity of two wills, the int executed ea the !Sled asp-
timber, 1644, end the emend ea the 20111Demroiler in Oreenne
year; under *sant, des lemerof *epithet, awl hie bonny
were left the balk of the propeity ; ender the ascend, the
inhadants, Whose wives bore the relation of nieces to the
teetater.—Mr. Berjeant Talfourd, Kr. Whateley, Q.C.,
ad Mr. Whitemme, appeared for the *motif; the
adrodonte rows seyneested by Bir Fitzroy Kelly (rosily
esterosi), yfr. Beeient Alba, and Mr. Ors,. Ailmtke
pleadings beset opened, • keg disanwica wren as to
milk& mide astletwii= ; wed ler the ilitherirote it
was am the wail he swilled ter restreer,
lakes a eabeereme mil be arm to Am et
bar; the deinimis Awe& tin eitheme et elie qrat
roppeeted tbak *INN wader the sem& The q. the
leunsii Wag la brow Ode dolhwilenW *beak,
supported Mem et Lied Daum wee des lose . Julies
Bayley. P. laity opened ay ewe ea the peat of the de-
fendants, been weak ere teen the *Maw ors put =may
wiezeiele, ie egreini that the teeleter, Mr. William Brepee,

departed this life on the 30th day of December, 1844, being
than nearly eighty years of age. From a very humble origin
he had risen into great reepecteloility and wealth,
assisted only by a legacy of about 6001. He was a widower
sad without children. 114 nearest relations were these he
had by his wife. His sister had lett three children, ens
named John Hayward, a person of weak intellect, and two
nieces, the one married to the defendant Brayne, the other
to the defendant Edwards. The testator was also distantly
related to the family of the Bathers, on his mother's side.
During his lifetime the testator treated this family with
ggnnat kindness. He was Leso much attached to his niece,
Mrs. Catharine Edwards, whom be used to call Kitty. In
the month of September, 1844, the 0 stator, having become
very infirm, though his intellects appeared to have been
quite strong, made the first will, in which were MI some
legacies to his nearest relativr, but the bulk of the
property to the nine sore and slaughters of Mr.
J.,ba Bather, late a barrister on the Oxford Circuit,
who died in November, 1839, and a brother of the arch-
deacon of the same name. Increasing illness won obliged
him to send for some one upon whose affection he could rely
to nurse and oomfott him under his sufferings; his niece,
Mrs. Catherine Edwards, was sent for, who appeared to have
endured great trials in attending him, for he was labouring
under a disease in the lea, which rendered being in the same
room with him a severe tax. During the months of October
and November, the decay of nature advanced, and it was said
he felt the kind attentions paid to him, and expressed his
conviction that he had not done justice to his sister's
children; the sugsestions of the Rev. Mr. Regerson, the
clergyman who visited him, and who hinted that it was his
duty to provide for his nearest relative., also weighed with
him, and he determined to attend to their claims. The sick
man moats° the more readily moved t. this, so the Bather
family treated Mr. Edward. with hauteur and indifference.
Accordingly, on the 10th of December, he gent for Edward
Harper, a clerk in the employ of Messrs. Harris and Co.,
law-stationers and aecountasts, and directed him to make
his will, at the same time handing him a paper containing
the necessary instructions, as also the will executed in Sep-
tember, from which he was directed as to the names of Mr.
John Bather's children ; the instructions contained legacies
to the extend of 5,0001. to them. In pursuance to the direc-
tions given, the will was drawn, and, when prepared, was
given te Mr. Edwards, as desired, who, before its execution,
handed it back in order that some alterations made in pencil
might be put in ink. On the 26th of December, according
to the testimony of Mr. Harper, he was sent for by the tes-
tator, and was admitted into his room, where he found Mrs.
Berate (the other niece). A conversation then took place, in
which the testator expo wed his satisfaction at the way
in which his instructions had been carried out, and
said that will would do very well. Soon after,
another person, of the name of Edward Edwards, landlord
of the Bull lan, in the town, not related to Mr. Edward.,
came in, as it appeared, by appointment previously made.
The testator, on the 16th of Dee mber, had held a long con-
versation with hint, in the course of which he said, "Mr.
Edwards, I have sent for you to be a witness to my will. I
have made one will, and it is unjust to my sister's children.
I wish to make soother, and for you to witness it. I have
been serving the Bather family all my life-time, and have
done little or nothi: g for my own. I have given Kitty my
book and these letters, and if you will look at it you will find
it so. Kitty is kind, waiting upon me night and day, and
the Bathers scarcely notice me." Subsequently in the con-
venation he said, " Mr. Edwards, I will hale no lawyer to
make my will. I have made more walls than any man in
Shrewsbury. I have witnessed more, and have had more
legacies. I have sent for a man I know well, and I have
given him instructions to make it, and when
it's ready, I'll send fur you again, if you'll
please to come." This conversation, as mentioned
before, took place on the 16th. On the 19th Mr. Edwards
saw the testator again, when be rid " I have got my will I
sent to you about ; Kitty has read it over to me, and it is all
right but I wish to leave a few legacies to some old trienda."
He said, " I have sent for Kitty's sister; I wish to have them
both with me I have not acted right to them ; they are my
eister's children, and I have been unjust to them : here's my
will, read it." After a lengthened talk, the testator adopted
a suggestion of Mr. Edwards, to the effect that the will
should be shown to some one to see that it was legally and
properly made ; and it was taken away and shown to a Mr.
Richard Clark, the managing clerk to Mr. Teem, solicitor,
who examined it, made several technical corrections, and
altered the spelling of a few words and the phraseology, in
pencil ; after which it was returned to the testator by Mr.
Edwards. A subsequent meeting or two took place upon
the same subject ; at the last of which the appointment for II
o'clock in the evening of the 26th was made. On that occasion
Harper, Mr. Edwards, and Mr. Brayne were in the room,
The testator said, "This is my will, and I'll sign it." Before
this tame, Mr. Edwards and Mr. Harper had been total
strangers. It was suggested by Edwards that it should be
read over to him first. Testator said it was unnecessary.
Kitty bad read it over to him, and it was all right. After a
further demur, however, the will was read. When finished,
the deceased said, " I'll sign it." He was supported by his
shoulders and elbow, and rose up, with pillows behind him.
He asked for a pen; one was gives him by Mr. Edwards.
The will was placed on a book on the bed. On receiving
the pen he experienced a difficulty in holding it ; he then
asked for a piece of waste paper, on which he wrote, and
looked at it ; " it was an unintelligible scrawl ;" he east the
piecenf paper on one aide, and said, " I'll make my mark,
It is all the same • it will do r well." This he did with
ease, and then placed his finger on the mark, and said, " I I
deliver this as my last will and desire, and wish it to be car-
ried out." The will was delivered to Mr. Edwards, who snb-
sequently deported it in the hands of Mr. Teeee, the solicitor.
All the witnessing; for the defendant deposed to the gene
state of mind of the testator. They were most closely tared
by the counsel for the plaintiff ; but did not vary materially
from their examinations in chief. At six o'clock the court
rose.