The Express.
London, England, 1859-01-22 00:00:00

TODD AND TIM V. MISSION AND

1171 T.

This was a suit to try the validity of • will which had
bean made by Mr. Benjamin Tall, late of Hamiltin-
teareoe, St. John's-woad, on the 27th of January, 1833. The
who were the executors named in the instranant,
ame•
rted that It had been duly executed, sad that the testator
wan of Oramentszy capacity. The delhedents were the
next of kin, Mary Suropelon,the deorsers Omer, and James
Ratcliffe and Charles Francis Swi.gge, Lis ae
izetzei the mode in which will had tt
snmexse=
rapacity of the decreed.
Mr. Serjeant Pigott. Dr. Deane, Q.C., and Mr. Milk
&T.-foe the plaintills. Mr. Montagu Chamber, Q.C.,
pa...,QC., and Mr. Chitty for the defendants.
Mr. Trait had begun life in a very humble station. He
was apprenticed to a carpenter, but in proms of time he was
taken into pertasrahip by • person named Hatfield, who was
an uptholatarst and house gent. The firm carried on • very
leentive bubo= under the earns Tratt and Horliskl;
and the deceased when ha retired from trade in 1849, had
contrived to accomulate upwards of 60,000!. In 1862 Mee
Bush Todd, a aloes of his wife, came to made with her
aunt and uncle,mndshe lived with them till their derma Mrs.
Tratt died on the Ist of Jan.,lB6B,and her husbuid on the 17th
of September last. When the deceased retired from briars
he trenekned the rowans to his nephew Spriggs, to when
it wan nominally veinal at 2,0001, bat he did not mutually
pay anything kw It By a Maar will Spriggs would also
bane Whoa sews theenewle Of pound., but in consequence of
• roar whisk ow weed Iseteeen him and his uncle the lat-
ter dransimed an nabs a new will. This instrument wan
by Kr. Dawson (ad the firm of Daemon and Bryan,
en" by 111 Mrs. Tratt was left a life integer
in tics al the propeety. Mr. Swami' wee wee
wholly =Mei. MI. et-die Meroseaton of Mr. Hawses, the
testator ewerntei M leave LOOM to oak of ideaVr at
e
five chairs. pee a simik_er airy te the
itatalilm, to want bit leseelwid hoses. Te Mrs.
be Isqweetbsi the Wand 3,0001, for her life ••
ealarladied • ameba of legacies to zownhere of the Todd
n• vs do sentained liberal benefaction* to the
end the Niiiiiesex Hotplate, and it filly
WI Me seiwisa Kis Told. After the death of Mrs.
Trill the ulster node • third will, which however
Mimi ken the woad In that It omitted all mentionrfltil
domed wile, and anbetkuted a parities legacy of 6001. fee
the Meer et 2.0001. which he had previously left hie sis-
ter. Oa Ilea 18th of January he directed Mr. Dawson to
Mit• bones in order to enable him to marry Min
h% it should be sated, was thirty-eight piers of
be brag N. Finding that rich a menage would be
the dammed mad* preparations in order to go to
Ahem Ihe the parries of performing the cieremoay.; bat the
.et lira. Orantroll " Brooke:r. Brooke wee &-
about this dim sad showed that an Altar
would be nal/. The Amiga wee therefore wholly •
end Mr. Tratt trained to his niece the sum of 46,9001:
Three per Coca, so that the MO that would be Mired by
the will only tread ivet.2l portion of the testator's estates

Evidence 'was given by Mr:Davit* sod other Irian= to
prove the doe execution of the grill and the perteet capacity
d the &owed.

Mr. Montagu Chambers basing cross•exemined with a
view to show that Wu Todd had eserciaed en undue In-
hume over the deceased,
The hedge said that ha could :not allow the isms of In-
dium to be relied under the preaant pleadings.
Mr. M. Chambers thus applied to the court for haw to
amend the pleadingly, it having been the lapresolon of his
client that the question of undue induettes might be raised
seder the goners' averment that the will was not the will of
the deceased.

Serfestt Pigott said that if the court consented to tae
proposal he should require to have his brief amended.
Sir C. Cromwell was alexia= to prevent any failure of Pie-
ties, and he would therefore west to the request of the de-
fendants' counsel ; but the cue most be adjourned, and the
dolasdanta mast pay the mat of the postponement.
Mr. Chamber* accepted these terms; bat
Mr. Berjeant Pigott, titer conferring with Mr. Dawson,
by whom be was instructed, consented to go on with the
cease at ones.

Farther evidence was accordingly given, and it wee stated
that the testator's object to proposing =rein. to Ulm Todd
was to protect her from the ennoyance which ha wee appre-
hensive his nephew. might offer bar after his death. It
mem& that Spriggs bad offended her in the presence of
her uncle, and that she had in consequence thrown a eandlite
Mick at him. For this be had summoned her before • mac
ltt abate, sod had had her food a pound beside Llee outs.
Jlry had several times after this sought a reoamillatlon
Mare uncle, but the testator, it was alleged, raid that he
would never forgive him for taking Sarah be/ore a magi'.
Inns.
TM are was not ciencihaded wine the omit rem

COURT OF BANKRUP ?CT.—JAN. 21.
(Beton Kr. Comadsolassr Teas)
IN RI DEZ 11010 AND MUM.
This woo the certificate esetiske is the tastier of Candi&
Del Nene sod Joseph Know, ef 46, Cassiestreet, City,
end at Wake, bud mortheals esd Importers. The banes.
abed, prepared by Nesses. Doer sad Castings coconsenote
AprU, 111 X sod shows Ye foaming items
Ds.

To weditonmsesersi — £6,010 8 9
To maw, Wilke blab canalised
To NAM, es near 8921ta sad Co.'s ao-

apptoo
To profitson lO
6 1,178 2 9
To capitol Introduced by J. Known 409 0 0

46.961 9 6