The Express.
London, England, 1847-04-21 00:00:00

PREROGATIVE COURT.

WAILING O. WARING.MIIII. GIBSON'S WILL.—JUDO-
MINT.—Sir H. J. Fast pronounced seutence in this ease,
which has been fully argued. The testatrix was Mrs.
Sarah Oilmen. widow, who died leaving pc nonal coo ether
properly of the value of about 90,0009. Sht• had married
twice—to her second husband in May, 1821, being then
pope of 60,0001. it, the /free pee Gents., besides some
;171mounts in the East ludiv. and Bank Stocks.
The whole of her property was settled upon her-
self. The second husband died It April, 1832. The
brother of the deceased opposes the 1 est papers, dated 'a
1834, and falls back upon the will at 1821. The learned
judge, at very consitleralfle length, wept over the wl ole of
the facts. The question the court Ind to decide woe, if the
will of March, 1834. was valid. It was in Mrs. Gibson's own
handwriting, and very plainly written. Sir Thomas and
Sir Henry Waring were named her ex, rotors. There was
also • codicil in both these papers, and various leg&
ries were apportioned. Upon the face of the will itself
there was nothirg of impe,hability as to distribution. The
deceased was declared a lunatic itit 1835, and two of the
Wirings were appointed committees of her person, and in
pert of the estate. The death of the testatrix occurred in
1841; but the will of 1834 had no witn,raes to the attest&
don. Hence it wee pleaded that the opposition
was an afterthought; but the court could not
go thus far. The will was opposed. on the 'mend that it
was not duly witnessed. Major Waring had propounded
the present paper. But by the will of 1821 Mr. H. Waring
took the bulk of the property The court did not find any
fault with the couse that had been taken in the contfuct of
the cause. The deceased was proved to have been very
eccentric in her manners and in her dress. Her marriages
did net seem to have been very happy. She lived aseeluded
and a penurious life. She w. aof unsound mind long before
her death. Was then this lady of testamentary capacity
when the will was executed ? The next of kin dated her
insanity as far back asimmedietely after her *nand marriage.
It was true that she said she would he poisoned by her hus-
band, monist he might et poseesiou of her property. She was
eccentric and peculiar is her meaner.; but if these were not
accomeasied with insane delusions, she might be capable of
making a will. It was tru that the deceased had expressed
her belief that Sir William Nagle, Sir Edward Brooks, and
other., were in love with her, as she entertained the belief
that she was of a most imposing &peanuts. She was
crotchety in her manners, no doubt. This her letters and
conduct folly showed ; as also thatthere wasa conatitational
change produced in the habits of the deceased before and
immediately after the making of the will and codicil of 1834.
It was necemery to show that the testatrix had a lucid
interval, when so large • share of this property is given
to the party who supports the will and codicil
now before the court. The letters of the testatrix and her
& titration' were wild and incoherent. The court, upon
the whole of the ens, held that the proof" in support of the
last will and codicil were not sufficient. The alb okras that
the Duke cf Wellington, Lord M. lbourne, Lord J. Russell.
and othen, were in disguise to see her, all showed a distr.
gained mind. The papers before the court could not be
considered as rational acts rationally done. The court sets
bound to pronounce against the papers. Coats to be paid
out of the estate of the testatrix.
COURT OF BANKRUPTCY.
_ _ Belem Mr. Coraraleeinerr Pane.

IN RI COI.—DIENIVEAL or A BROSIIIR or THE COVET.—
The learned Commissioner delivered judgment upon the eon.
duet of Mr. Booth, a broker of this court, re•peettne the valu-
ation of property belonging ,o the estate of a hankrupt named
Cox. His honour did 'Kt think Mr. Booth had acted fry m
any d.shonest motives, yi t. as this was not the iln.t time he
bad been d with his concoct, be should dismiss
him from the office of broker of the court.