The Express.
London, England, 1858-07-26 00:00:00

LAW INTELLIGENCE.

(TH:D3 DAY.)

COURT OF PROBATE.
(Before Sir C. Crewmen.)
ELIO V. ZUIS.

This was a friendly suit, instituted for the purpose of test-
ing the validity of a will which had been made Major
Jacob, late of the Madras Native Infantry. In 183dby the de-
ceased came to England on sick leave, sad went to reside with.
Major Watson, at Jersey ; but afterwards falling into intem-
perate habits, the major put him under some restraint. This
the deceased resented, and he left Jerry. He afterwards
lived with a farmer In Carnarvon, named Cox. He had
made • will, by which he left all his property (about B,oooi.
or 9,0001.) to a Mir Elms, with the exception of a legacy of
1,0001., which he bequeathed to a little girl, the niece off
Major Watson. Mir Elms was a lady to whom he was
attached, and whom he would have married but for the inter-
fermis of her Mends. One evening be told Mr. Cox, to
whom he had given the will, to bring it to him. The de-
ceased, who had been drinking, was lying on a sots; end es
soon as Mr. Cox handed him the document he be-
gan to tear it in two; but Mr. Cox and the doter•in-law of
his wife, who was present, said, " Don't do that, or
Miss Elms will not get a penny, whereas she will now
have the greatest part of your property." The deceased then
let it fall, the document being not torn quite through. Mr.
Co: picked it up, and said "If you want to destroy It
you had better burn it." The deceased said, " No, I won't
do that." Mr. Co: observed, "Then I bad better take ft
upstairs," and the deceased made no objection to his doing
so. On the following day the &clamed looked through his
but though he burnt several of them he did not
the will. He had several times said that he would
make a new will, but there was no proof that he had ever
done so. On the 18th of August he paid a farewell visit to
Mies Rims, and offered to give her a document, which he
said was his will made in her favour ; but she declined to
receive It. The next day he embarked at Southampton, and
he died flue days afterwards. The will was afterwards
found in a drawer by Mr. Con; and the point which now
arose was whether the leering bad amounted to a revoca-
tion. . . . . .

ibis morning, when the own wee called for judgment,
Dr. Phillimore, QC., who had appeared for the next of kin,
said that with the permission of the learned judge, and under
somewhat special circumstances, he had en ap-
plication to make to the court. This are having
been reported in the newspaper % a letter bad been
received from a person named Hughes, who was in
the legal profession, and resided at Camarvon stating
that he had lodged in the same house with the deceased, es
it would appear before he went to live with Mr. Cox. When
the dsosasd beeline awsre of his (Hughes's) profession, he
requested him to make a new will for him, wholly
in favour of Miss Elm'. He (Mr. Hughes) had done
no, had given him the draft, end had requested
him to study it well. The deceased had aftorwards returned
it to him, end directed him to engross it. That hut also
been done, but though the deceased had often ex-
premed a wish to execute the document, his de-
sign bad never been carried into effect, owing to
the want of proper attesting witnesses. Under thcse
, circumstances, the next of kin wished judgment ti be posh
' posed, in order that the writer of the letter might be exa-
mined and the documents brought into court. At the same
time they bad no desire to press the point, if the court did
not think it desirable.
Sir C. Cromwell said it was no doubt important that all
the facts in a one like the present should be before the
court; but he did not think that if all the statements in
the letter were mond they would in the lean effect the
judgment which he was about to pronounce.
Dr. Phillimore would not press his application farther.
Oh C. Cromwell then proceeded to give judgment. By
the Wills Act tearing was one of the modes recognieed u a
legal revocation of a will ; sad it did not matter to what ex-
tent a paper wax torn provided that it wee done animo
revocancth If the deceased had tarn the paper only a
quarter of an inch, that would have been quite
sufficient to operate as a legal cancellation, provided
that it was all that le bad intended to do for the purpose ei
=ceiling it. In thy present case the deceased appeared
to have the paper three several limes, and to
have been stopped oa each occasion by the exclamations
of Mr. Cox and his sister-in-law. From the evi-
dence, however, it would seem that his Windt,' was
to ham tam the will completely in two; and the appear-
ance of the paper itself bore out that hypothesis.
It appeared, therefore, as it the deceased bed famed 4
the intention of revoking the instrument by taring it, sad
that he had began to tear it for that purpose, but that he
had changed his mind before he had completed the an •
he contemplated. Treating the rue as if he were a jury,
he (the learned judge) was satisfied that the will had bem
legally executed j; but he wax not satisfied that it had been •
legally revoked. He must, therefore, grant probate if it was
Wayot

THE POLICE COURTS.

(THIS DAY.)