The Express.
London, England, 1859-04-14 00:00:00

EASIER TERM.
ADUIRALTS COUNT.

AY 11 —BMW., Cut Dare :-Ilre4 mart der. Tharrlay, AprU U:
mead wart 467, lbarsday. U; thltd eaare day. Thanday, May
, fourth am» a. Tlanday. My 11 Ulm amen Days :—lybiog.
April 211; I.lday. Mai 6. rnday. 14.
APPICALS eOI.IIT.
AY 164.-41611 court day. Tharelah_ll66ll woad wart day.
nanded, Avail 11, third tout dal. na.4a7. 111.7 f.and 06661
day, TbandB46. UV
MUMMA COURT.
Aga LI; Wadaaday, Mat 4.

COURT OF PROBATE AND DIVORCE.
Aram 13.
(Mon the Judge Ordbury.)
sums v. arum (ay xis orAarza.x).

. .
This erse a snit to detereelie the validity of • will whkh . , '
had been emoted by Capra Hilt, late of the lard Tee-
meat, sad which was propounded by the plaintiff Dr. kunst, ,
of Lewes, the named in the instrummt. It was op-
menden behalf of the deceased's sat of kin, who impeached ! '
the document, on the ground of alleged intotap.tency on the 1
part of the testator.
The deceased was been in the year 1810 and was the sae I '
of an attorney, prectielug in London. Hie real name was
Frederick Green. lie wai apprenticed to • 'surgeon, bat be
left Ma mister; and enlisted in} he 83rd regiment under the
tiara of William Nott. Mr. Spam is a surgem, maim
the death of the deoeared's father he mailed
the widow, so that he stood to the deceased In the relation 1.4
a stepfather. The &card bad two brothers and • sister,
who resided for • time with Mr. Orem, but mil of whom are
sow dead. Only one of the brothers had ler Issue, • am,
named George Henry Geese, the defeadent who, In the event
of the will being set aide, would take the dereasid'a pro-
perty, amounting to something less than 2,0001. The de•
ceased had served in Canada as well as at home ; and in 1841
he obtained • commiesion as a reward for hie good conduit.
He wee at this time oa perfietly good terms a ith his atm-
father, who provided him with his outfit. He was soon
afterwards appointed adjutant of his regiment, • situation
which he bald till he obtained his ooropany. In 1847 he
went with his regiment to India, where he remained till
1864. Ia 1848 hie mother bad died, and Mr. Symee
afterwards retired from pectic*, and went to
live at Lewis. He ha since married again.
In 1864 the deceeeed paid • visit to the firms
with whom be stayed from August to November. Ia the
latter mouth the west to the school of mialuory at Hythe,
where he was removed to Chatham to be inspector of mus-
ketry, an office he held till Jute, 1867. In the following
month he was attacked by inflammation of the biota. Oa
his recovering be rid another visit to Mr. flyers 'tithe/has
he stayed from the 16th of August till the 29th of September
last. Dur*; that time it was alleged that hie demeanour
wee such am to lead to the conclualon test be had perfectly
recovered from his moral derangement; but while at
Lewes he felt a wish to receive the excrement. He accord•
Italy had an interview with the Rev. John Soubell, who,
after hearing from him an amount of his religion+.
Mato, told him he might safely communicate. Immediately
after receiving It, however, ha was filled with apprehensions
that he had done eta unwoltbily. He became very mueb de-
pressed, and miter be rejoined his regiment, be became worm
and worse, taint at last It became 11:eniry to apply for •
reglesental board of medical officers. The board reported on
the fish of October hot that he was inane. Ha wu, there-
fore, seat to Fort Pitt, where he remained dB the 26th of
December. Hs me then removed to Healey-in-Arden,
when he died. The will was drain up by the decease re
ova hand on the 30th of September; but it WY not executed
till the following day, when it was attested by Capt. Grey, of
the 63rd Regiment, aid Capt. LWa, of the 29th. By the
instrument Is question, be divided the whole of his property
between Mr. firms sad • Mies Ellen Tinley, with whom he
bad been angsged since 1632, but whom he never
actually marie4 though he allays remained on terms
of the warmest Moeda* with her. On the 30th of Sep-
tember he trete bride the will two letters, one to Mr..
Spites and the other to Mrs. Ireland, a lady whoa acquaint-
ance he had made at the plaintiff's house. In the letter to
Mrs. Symms, be formally thanked her for the kindlier he bad
received under bee roof,and he sigaed it, "Your truly
affectionate Prednick! In the other letter, which was cent
with a book mind " Life and Loath," be gave Mr. Ireland
an account of the feats which had harmed him since his
reception of the sacrament at Lewes, and he concluded by
asking her for "any prayers or consolations that you can
glee to such a =bauble wretch as W. Nutt."
Dr. Deane, after nerratiag them circurestanees, conteaded
that the will lad keen made not during • lucid interval pro-
prly so milled, MO during an absolute interruption of the
• mental disorder. The learned civilian then pee-
-1 ceeded to examine the pleatiff, Mee. Symee, Mims Tara, and
otherwitneeem who deposed to the above mentioned oir-

11.1.1.WISIAMIR
Dr. Addeuns. for the defendant, denied that there had bran
any smatioe in the lanacy of the deceased; in proof of which
be called Dr. Nielsen, the servoselsen, of the ht bsttalion at
Chattels, who stated that Dr. Symms came with the deceased
wham he teterasd to his duty, in September, and Dr. Bytom
said that he (damesed) was as bed, if not woree than ever,
sad had friginenod lie poor wife (Yrs. Spam) out of her
wits. Dv. Mclean, and other profeedonal mita/ems, pre
a decided opinion that the testate 1/114 quite of unsouad
mind at the date of the execation of the will.
The Court took time to co wader.

INSOLVENT DEBTORS COURT.-Apsn. 13.
(Before the Chid Comehmkner.)
111 RV WILLLY RODOX AND DAVID CRALRLIT.
There laminate applied under the Protection Aet. Mr.
Spergoodorted appeared for a Mr. Ha sail; and Kr. Denny sup-
The ineolvents brought an action of traipses against Mr.
Hamall, in which they wire consulted. The baavent• in-
serted the cola, bat they were not taxed when they Med
their petition.
Mr. fiergood thawed from analogous mem in bankruptcy
that thee was no debt till the judgment was signed, whit
vie after the petition.
It,. Denny urged that under the Prima Act the court
could proceed, and by analogy they ouuld allow the oats to
be tweeted in a protelotkn petition.
The court proceeded to hear the case, and eventually ad-
journed the cam to consider the point raised. If he see-
tained the petition he should not renew the protection.
(Before Mr. Commissioner Murphy.)
ix RV EDWARD UXWIJI OARDNER.
This wee a somewhat pearlier case. The insolvent, who
was clerk to Ma father, • bay salesman, applied under the
Protection Act, owing about 4101.
Mr. Cooper oppaed for Mama &milked, the limn-
drapers, of Tottenham-court-road, and It,. Burton, the fur-
nishing ironmonger, of Otford-skeet; Mr. Dowse appeared
for another creditor' Mr.
The insolvent took a hollr Peet -place, Drlston and
Pet about furnishing the same. He obtained • good dell of
furniture and glass, to shoat 3004 as he intended to be mar-
ried. He was not, he said, liviag with the party now, nor
supporting her. He was oink to b s father and brother
at 1601. a year, sad expected to be taken into partoer-
ship with them, but when they toned rte party
he wee going to be married to, It was broken off,
and he was not married. He said he did not know
that the person we. • married woman and that her
hashes& win now on his voyage from Australia. He admitted
that ha had seen lettere she had received from Australia, and
he declared that she bad told him berhuaband wee dead. He
had not heard till now that ha was alive and coming to Eng-
land. When the parteaship wee not entered into and his
intended marrlate did not take place, one creditor put in an
execution, and Maas. Hewitioe, who were creditors, paid •
sum of money end took tibepirty in the house.
Mr. Commissioner Murphy said there appeared rockier-
Dem in the case, sad he mein the ineolvent's father
or brother to attend and state some particulars about the
contemplated pertearehip. It wee therefore a cafe for the
libel order hearing. The fib May ins appointed.