The Express.
London, England, 1849-05-28 00:00:00

THE FRPRESS, MONDAY EVENING, MAY 28, 1849.

In a congregation hoiden immediately afterwards, being
the last day of Enter Tenn, the following degrees were
conferred, viz.:—Marta of Arts: Rev. P. Anbertin, Wad-
ham ; Rev. H.Wilsion, Huta ;;Rev. J. Hughes, Oriel ; Rev.
W. Slitter, exhibitioner, Lincoln ; W. W. Harrison,
hitioner, Brunson ; Rev. F. M. Cameron Ch. Ch.; H. IL
Young, Trinity ;ohn'sHuro-
n'', Pembroke,—Baehelor of Arts: Of University, G. E.
Harshen and B. 0. Goodrich ; of Merton, H. Plater, Pat-
andteand F. Bathurst; of Batter. y
R. J. L'oyd; of Queen's, J. Hulls, Taberdar,
and H. Jacob; of Lincoln, T. E. Kebbel, exhi-
bitioner, C. D. Morrie, scholar, J. E. J. Hsylock,
A. Tidman, and C. W. Raw', minim; of Brannon,
G. W. Latham and B. H. Penn ; of Pembroke. H. F.
Burwell and E. R. Orger ; art Chriot Church, fa W. Ran-
dolph, student,Fisch, Hatton, R. St. John Tyr-
what, student. Charles Puke, S. P. Coleridge, G. N. Cur-
zon, and R. T. Wait strident; of Trinity, H. Deltas, I
Back, and A. Nettlaship, scholar; of St. Jobe's, J. C. Trail
and J. Kemp; of Wean., 0. P. Griffiths, C. J. H. D'Aeth,
and G. H. Coolie ; of Worcester, C. F. Hildyard, exhibi-
tioner, T. L-e, scholar, and W. A. Frith; of Magdalen Hall,
H. R. P. Sandford, Lusby scholar, and F. Birch, New Inn
Hall.
Mr. Frederic Thema. Colby, otrunoner of Exeter Col-
lege, was on Friday elected a scholar on the open foundation

Tan Bozo, or Sr. DAVIDB will hold a general ordina-
don oa next Tensity Sunday (3rd June), at Abergwili
Church. Thera are several annalists' for deacon and priests'
orders.
PIIITIPMENIII.—Rev. J. Jonas, to the Rectory of Llan-
alien dio. St. David's, 901. ; patron, Earl Ash-
harasses.
Rae. C. DAYPIZI4 to the Rectory of Thornford, D 'rest-
shim dlo. Sara., 2001. with residence patron, Earl Digby.
Rev. T. Ovens, to the Rectory of St. James, Colchester,
dio. Roch., 981. with residence ; patron, Lord Chancellor.
Rev. W. CALDIIII4 to the Perpetual Curacy of Forties,
Haat., dio. Winchester.

by tha preceding ease, a similar order was taken without
further argument.

BAIL COURT.-SATURDAY.
Btrrnial Ix BANCo.—Biroas ILL limns WIOINTILIM.

DOE DEM. INMAN 11.11ILLOOAT.—EURSIIING • CLERGY-
MAN TOR TRIETT MILES IN ORDER TO SERVE A NOTICE
er EJECTMENT tiros mu.
Mr. Phinn moved for a rule in this ease for judgment.
against the casual ejector. The application was made under
the following curious circumstances —T he action was brought
to recover possession of a chapel at Beth, of which the Rev.
Henry Brougham William Bilked was the minister; and
the affidavit of the party who was employed to serve toe
notice of ejectment urn that gentleman stated that
every effort had been made to effect that object, but
wi•hout success. It appeared that Mr. Hilleoat was
the occupier of the chapel in question, and the
iadividual who had been employed to serve the notice of
ejectment upon him also set forth in his affidavit, upon
which the learned counsel now moved, that on one Sunday
evening during the present month he attended service in the
chapel, which was performed by Mr. Hilicoat ; and having
waited until it was finished, he followed Mr. Hilleoat to the
house of the Peyton, where the rev. gentleman went in and
remained all night. The next morning he watched him out,
and went up to him and informed him the nature of the
communication he had to make to him, but the
defendant ran on, the deponent followed him, and
overtook him, when he commenced reading the
notice of ejectment, but, being out of breath from his exer-
tion, before he could get half through it the defendant again
took to his legs. The deponent foUowed, and overtook the
defendant a monad time, but was again, from the same
cause, unable to read the notice to him, and the defendant
ran away. This occurred several times ; and the affidavit
went on to state the very extraordinary fact that the chase
was kept up for a circuit of thirty miles,when both the depo.
nent and defendant foundthemselves again in Bath, the paint
from which they had started. On arriving in that city the
defendant entered the house of a friend, and, on the depo-
nent attempting to follow him, he was stopped by a person,
who threatened him with an action for trespass. On apply-
ing again at the house into which be had men the defendant
enter, he was told that the reverend gentlemen would not be
served with the notice of ejectment, as he was determined to
throw the case over until next assizes. And the affidavit
concluded by sta'ing that the deponent had not succeeded in
serving it up to this time.
Mr. Justice Wightann—Ton may take a rule to show
mum.
Mr. Phinn said he did not know how the plaintiff would
be able to serve the defendant with the rule.
Mr. Justice Wightman replied that he did not see any
reason why the plaintiff should not be able te do so.
Mr. reins—We do not know his place of residence,
my lord.
Mr. Justice Wight:am—On year making an affidavit
that you do not know his plan of retidenot, but that he
sleeps at a particular hough you must try and serve him
there ; and affix the nodes upon the doors of the chapel.
Rule granted.

PREROGATIVE COURT.—SATURDAY.
Bums 811 Mom= Junin rm.

BiNNEST 01. PAUL LIINDIIIINFLCIINOIIIiN OBTAINING
• WILL.-JUDONOINT.

The arguments in this ease have been before the court for
five days and were concluded to day, the facts being simple,
but the pleadings very heavy.
The question in dispute is the validity of the will of a
Capt. John Britton, late of Falmouth, who had realised a
little property in his maritime pursuits, said to be about
4,0001. personal, and 1,5001. freehold. He was a married
man, but having no family he adopted two young ladies,
nieces of his wife, and brought them up as his own chil-
dren. In feet he was said to have been attached to them as
a parent, and felt very much hurt when one of them got
married, expressing himself disappointed at her wishing to
leave his roof. The second niecd. who is the defendant in
this action, is a Miss Free, who disputes the validity of the
will, on the ground that it was obtw‘sted from the uncle
under undue influence, end when his mind was enfeebled
by age and its concomitant infirmities ; that Mr. Bennett,
who obtainel the will, had it done in his own house,
and that it was attested by his own daughters,
he being made an executor. with the bequest of the largest
portion of the estate to himself, to the pnjudice of the nieces
and other legatees under a former will, which was in the
possession of Miss Free.
Dr. Addams, with whom was Dr. Buford, was heard in
favour of the will. They contended that the testator was of
sound mind, and capable of making a testamentary dispoei.
tinn of his property ; that be had taken offence at the con-
duct of his niece from two causes—first, that when he made
a will on a former occasion, she, upon coming to London,
took it out of his drawer, where he deposited it, and carried
it away with her. Upon his finding it out, he expressed
himself highly disastisfied with such conduct, and this, no
doubt, had induced him to make another disposition of his
reAsY; and, further, that she was going to be married to
.rtOstler, a gentleman to whom her uncle had a great
ablution.
Drs. leaner and Harding, on the part of Miss Free, con-
tended that the will was not a legitimate document ; that it
au not the testator's handwriting t that there were no writ-
ten instructions ; that he was not in a proper state of mind
at the period the will was represented to have been executed;
that he had long previously been childish in the expression of
his wishes, and has actions, and sufferel under many strange
delusions, and that it was not reasonable to suppose he
would have left the bulk of Ms property to a pecan who
was almost a stranger to him, to the exclusion of his nieces,
whom he bad brought up as his own children, under his
roof, at his own expense. He had no other relations than
those of his wife, to whom ho bequeathed all his property
before he made this last will, which there was every Feuer
to believe had been obtained under undue influence. His
expreving anger at the period when he heard that Mot
Free was going to be married could excite no great eurprise,
for he had offered her marriage, at which she very naturally
expressed her indignation, and threatened to leave his house
if he even talked to her again upon such a subject. This
the learned adtocaus contended was one of the main acts
that were adduced to prove he was of imbecile mind, for it
his mind had been correct he would never have made such
an offs r to his own niece, whom be had brought up from her
infancy. When one of his neighbours told him his niece
(Miss Free) was going to be married to Mr. Ostler, be
replied, if she did he would get married too,
and asked him to look out for a wife, one
that he (the neighbour) could recommend to him. These
were delusions, if not total imbecility ; under these circum-
stances they felt the court would condemn Mr. Bennett in
the coots, if it did not it wined encourage others to pursue
the same course as Mr. Bennett had done. This would bean
example to solicitors who lent themselves to such transactions.
Dr. Addams in reply said, that the deceased was very
capable of making a testamentary disposition of his property
at the date of his last will ; that he was not imbecile, that the
delusions were merely optical in consequence of his having
token opium, but this did not affect his mental capacity ;
that he was in a perfect testamentsry capacity—as_perfect as
,he ever had been during any period of his life. He was an
ignorant man, of rude manners, and had suffered much in
his health. He had no relations of his own, and these two
nieces of his wife's were no relations to him by blood ; then
fore there was nothing extraordinary that he should have left
his property to Mr. Bennett, who had for many years been
in his confidence. It had been urged on the other side, that
the testator did not object to the visits of Mr.
Ostler, or to Miss Fee's marrying him, provided it
wu not during the deceased's life time. But this
he (Dr. Addams) contended was not true, and counsel on the
other side had not given to the overt any proof of it. The
deceased had once offered to marry hie niece (Miss Free).
which she had refused, and expressed herself offended at
such an offer; it was not surprising that a man of his mind
and temper should take offence at this refusal, and leave his
property from her. In reply to the charge, that Mr. Ben-
nett had obtained the will an a surreptitious manner, and
kept the new disposal of his property a secret from her, the
' this

coin could not hi surprised is it was an every day
occurrence is this court. He had no doubt but from the
evidence, the court would decide in favour of this will.
Dr. Bayford followed on the MIS side.
The court now gave judgment, and said it bad no doubt
on this question, and would give its decision at once. It
would not go through all the evident's, for a great part was
irrelevant and unimportant. There were 78 witnesses on
one ado and the other. The property was 4,0001. personal;
the real property, 1,6001., which must be decided is another
court. There were 1,100 pages of depositions, and the pleas
were of great length to determine this sue. The testator
was an old man 74 yens of age, who had no relations of his
own, bat two of his deceased wife, who had lived with
him as his wife's children, and so they were considered
to the last /Want In 1842 be lost his wife—the
court would not refer to the will made in his wife's lifetime—
the intentions of the deceased were to give the bulk of his
property to his two nieces. He had provided for one at her
mairlage in 1837: in 1847 he made a codicil, in which he
eamilnasd his will, and released Miss Free from certain con-
ditions of his property. In 1846 he bad oontemplatei
maldas en alteration In his will, knowing, as he did in 1841.
that Mr. Ostler and Miss Free were under an engagement
to ROM end if they had, the eltiliren would have taken an
interest under this will. In 1846 he made a codicil, leaving
M ltie Fres only 501. if she married Mr. Ostler and his
who who was mated was to take an iacreued interest
under lid pry In 1847 he contemplated making another
disPnilkb el his property, and there was a paper marked
(D), wbbh wee drawn up in blank, ef 1848, whi& purported
be be signed by the deceased, aad two witnesses said they be-
lieved to be in the leemikenldni of the decessed. It was
said that in July a pour had been shown to Miss Free, that
Mahe 111111611 Xi. Ostler the property under the will would
go to bas sends, Mrs. Ostler, in Canada, as she, Min Free,
wield brad her WNW under the will. In 1846 there are
Abu papas width ere la the handwriting of Mr. Bennett, on
meet widshaesuplelealsay arise,aelb.Benzattin that paper
his an part of 16a wpm, bat under the paper C, which is
is bis own Immiu, be Is to take all the prowty, to the
..eludes Kies Tree and Mn. Ostler in Cana who had
not dens walf est to dila the testator. This paper is in his
Llteiedyßeasslt's) own handwriting, it was executed in his
NW of the =tamer wee his own daughter, with
an elderly as
et 70 of age. And all this was dose
=throat the knowledge et the party whose interest is pe-
ritby it The beaus% said have haw reason for keep.
a secret ems Mr meow,though Kr. Bennett had, sad
Free knew seethe .1 the siseidisa wail after the
Mini, when a esa less mat down **probate, bat
tees suns elleedisa an ands= wee 'squired to be sworn,
whisk wee des. The haus' took plus = the 22nd of
Newsier, end the day alter Kin Free is Wafted by some
Merle OM an solitudes had bow nab for the
Cl a will, of the =Mato et width she was
tgaorsat.
.ress, ley Jeer eallaitcrol= eater=