The Express.
London, England, 1850-07-11 00:00:00

Katz iinteUtatna.

PREROGATIVE COURT.—YESTZEDAY.
Bosons Bu B. J. Funs.
TATLOI AND TATI.OII O. MILLIS AND OTHIND.

The arguments I. this ere have lees hilly reported in our
journal. The Court gave its bellies this remise.
The deceased, Mr. John Tayier, died in December, 1846,
at the age of 95 errs. The hmerommts before the court '
were, • will dated Feb. 9, 1836, rid • codicil to that will
dated the 27th of September following, both of which sp.
peered to be duly executed sad attested. Several other in- ,
struments were before the court purporting to be wills and
codicil. of the testators, bearing dates between the years 1837
and 1838, at the end of which year • commission Issued from
the Court of Chancery for the purpose of inquiring into the
state of mind of the deceased gentleman. In January, 1839,
after slaves days investigation, the jury brought In a verdict
rourincing him to have been of unsound mind from Onto-
bet, 1831, and a committee was thereupon appointed.
The will and codicil were propounded by Mr.
Joseph Miller, the surviving executor named In the
codicil, and were opposed by Mr. Alfred Taylor,
and Mr. William layldr, two of the sore of the deceased.
At the date of the will, the testator had four sons, two of
whom died in kb lifetime; his two daughter bad died
before the period in gumbo, leaving knee, and there wee
:••=itimate daughter surviving. The property of the
amounted to about 6,0001. The will bititteathed
le hie y. es Richard and William 8001. each, to his ion
hen 1,2001, and to his son Alfred 6001. Mr. Joseph
Miller. who had Retried one of his daughters, Lail • legacy
of 6001, and the illegitimate daughter had also a brig of
8001.; the residue was to be divided between kis sons and
Mr. Joseph Miller, Richard and Jean Wise apnointed
executors. The codicil, dated September, 1836, made an
alteration in the disposition to his natural daughter, and
left his son Alfred a further sum of 3001. ; no mention,
however, being made in either of the instruments of the
crandchtldren of the testator, the issue of his deceased dough-
tat, Mn. Waddilove. In all other respects the instrument
appeared to contain an ofliciou and natural disposition of
the deceased's property, and under such circumstances it
would require • very strong oar to be made out to induce
the court to pronounce it invalid. The further papers made
some varieties is the disportion ; one bequeathing to the
Waddiloves 601. each, amounting to 3001. in the whole ; and
mother giving a larger benefit to James Taylor and Joseph
Miller. The grounds of opposition to the will and codicil
were that they were obtained from the deceased
when he was ia • state of irmpacity arising from
aurae old age, or that they were obtained by
fraud practised on him by James Taylor and Joseph Miller,
and that the solicitor, since decreed, who drew the will,
wee also • party to such fraud. The will and codicil being
of the nature described, the question in the first instance
wee, how were they ted ? It happened that the testa-
tor having lived ten years after the execution of the instru-
ment, several of the returnees were now dead ; such being
the we with Mr. Butt, the drawer of the will, and his
Meek, and likewise one of the attesting witnesses. The first
instrument before the cruet, in the nature of a disposi-
tion, was • deed of trust, dated the 7th of January, 1834,
containing a provision for his natural daughter. and giving
his son Richard also it the sole control over the residue.
This paper remained in force until February 1836, when the
present will was made. The decried at this tens had no
cause of quarrel with hie son Richard, but it seemed that in
the month of January previously he entertained an inten-
tion of altering his will, for there was • letter is his herd-
writing before the court, addressed to Mr. Joseph Miller,
*spearing such intention, and also, that in a dispute then
existing between his ems, James and Alfred, he considered
Alfred to be Is the wrong, and was very anxious
the gourd should be male up before his death; saying,
Ihatlf sot, Alfred would suffer by it. Under the succeeding
mil Allred Taylor had 6001. given him, while his bonier
James bed 1,2001; for which alteration the abttre letter of
lbe tiseeneel was a good foundation. It was said this jape
was suggested to the testator by Joseph Miller, or James
Taylor, but there wee no evidence to that effect; neither did
the letter appear like the production of en insane person, or
as if it had bees written at the dietitian of others. But
supposing the alteration in question were suggested to the tes-
tator, gad be Wadopted sash suggestion, still the knowledge
of that fest west not render the will invalid. it being an °M-
elons dhpeitien. It was only In the event of his heir g
proved insane that the paper mull be coesidered ether than
the offspring of a rued mind, whisk bed well considered
the amount of property to be dbpseed ef, and the claims of
the different individuals of his f . The only surviving
witness to the will stated Is his evWase that at the tints of

execution there was nothing to weals a stupid** of the de-
ceased's incapacity ; and elthongh his veracity had
been impeached ea the ground of his having made
an affidavit sweering to the testator's espeeity at
a time covered by the verdict of the Jury, et the smart did
not think the witness was to be a absolutely per-
jured because he had deposed to lath effect The evidence
of Mr. Batt had been taken on a former adagios rpm other
instruments of the demised's, and hie testimony, whieh hal
been made evidence in the present eau .. agreed entirely
with the representations of the attesting witness; there was
I aloe the widens, of a servant belonging to the deemed, sod
the natural daughter, who were both present at the time of
aessallwa, to the same offset. 8o the paper steed with
NONA to the nasalise; bat it was stated that
the imams had been fee a eoasidavable period
&aim MS be a state et atter iscapasity. Upon the
Oho Inasaaba the °meaty rie the deemed several witnesses
lad hen -sod, all of whom, it appeared, Wilfred the
=hem hit *sage of habits, he Melo( midway takes
Maid% sod swearing, to Noose and Wrenn en-
* la the pauses el awake his boots sad
an cad hike ia Ids bed, sad te pipe eying hh mew
&Wow The leased Judie thought the resale et this rri-
risase *mainly was is skew straw sal violist endue'
ea the pert et the diseased, sad she that hie
111111anseata sod arespatiar were sitildish sad
friaries. ; but he was el opiates it did set
show ammo and aaderiat iasswity, sad woe set soilleisat
se them sap rest sespisisa ea the washy of the testator
at She date of the wa, t with
se it was he Wier u-
praise sis te=isa shanties ; as at the date
a the oedisil, whisk proved his satehri preastioa to pre-
test the Wisest et kb YMgrinata dsoiklee. Utast these
showiestomen the wart was of plies the descend was
opals sad adequate to make t rehe loalmasate ia two-
doe, sod
eassatse presswasad. he bah, dsorealwa whets to the
stivirias
Jute 9.
Asztrau. 9. Lan-111na. Cams.
This was a Gauss et meat the hot will sad 'sake of
Ilya Liss Laud, wile of Dr. Aka bur of gagissep
Witt OM newt, N