The Express.
London, England, 1859-01-29 00:00:00

COURT OF PROBATE AND DIVORCE.

JAN. 28.
(Before the Jedp Ordinary.)
DAYLT E. HOTLY AND OTHERS.

The will in question was that of Thomas Bayly, W.. of
Dover, who died in 1843, et the age of 64. The will had
been nude in February, 1839, and the deceased left property
amounting to between 2,0001. and 2,6001.. He had mven
daughters and one son, and he divided his este,e equally
amongst there, but while be gave his daughters their share
absolutely, he gave his son only a life interest in his. He
was, therefore, now contesting the will, the grounds of his
omodtios to it being the decesud's want of capacity, sod
the undue influence which had been exercised over him by his
(demand's) wife.
Mr. ffermant Parry and Mr. Prentice appewed for the
plaintiff ; and Mr. B. C. Pollock for the delindanb•
The deceased had been a sailor, but he bad latterly been •
dealer in *dead hand furniture. The due execution of the
will was proved by Mr. Elwin, the solicitor, by whom it had
been prepared, and by Mr. Elwin's clerk, who with his em-
ployer um the attesting witness. In support of the tuna-
aunt, It war contended that the testator had quarrelled with
hid son, end had therefore determined to give bim lees than
his daughters. Several widows aim deposed to the perfect
sanity of the tut ,tor.
0a the other hand the plaintiff was etatnined sad he
Mated that he had always been on good terms with his father.
His mother, however, had always been unkind to him,
and she had induced his father to make the d~'opoaition of his
property of which he (the plaintiff) complained. The reads
of hie long acquiescence in the will was because he had not
had the means of contesting it earlier; bat Lie sister
Warty having died in an asylum, he bad ',signed to an
attorry whatever he might be able to get from her estate to
bring thepresent action.
The Judge—Well, I won't ask the gentleman's name.
Mr. Ilerjeant Pane said that the evidence of the plaintiff
varied so much Prow the friatractions he had given to his
attorney, that he (the learned counsel) felt that be mold no
longer continue the case. The statement he (witneee) bad
just wade. with regard to the esturnemcement of the suit, was
not at all con ect.

The Jury then found a verdict for the defendants.
C Sir C. Creswell oondemned the plvintiff in the costs, re-
marking that, if cheapening the prate* of the court led to
the practice of calling in and disputing wills which had been
acted upon for 15 or 18 years, it would became rather •
salaam* than a benefit to the public.

INSOLVENT DEBTORS COURT.—JAN. 28.
(Before Mr. Commiseloner Murphy.)
IN RI JANZX DALLY.
This Insolvent, a horse trainer and steeplechase jockey,
waa opposed by Mr. D neve for a creditor named Bedford,
end • Mr. ItiPoull opposed in person. Mr. Bergood, with
Mr. Reed, supported.
An application was made for an adjournment for a fort-
night, end it appeared that the insolvent was to ride at the
Reading Bkepltchase, appointed for the 10th of Ftbruary,
end if he won he would be enabled to tootle with the opposing
creditor.
Some discussion took place on the subject, and eventually
the case was adjoutned to the 15111 proximo, which was alter
the "settling day" foe the steeplechase. The insolvent re-
mained on bail.