The British Press; or, Morning Literary Advertiser.
London, England, 1824-05-14 00:00:00

ELLII AID OTHERS T. IWO.

• Sir Jong Nteame gave his judgment in this cause. There
ware two wills propounded, each purporting to be the last will
and testament of the accessed, Mr. William Ellis. The first is
dated Md September, IttiO, and the second on 18th February,
1822; on the 19th of the following month he died, and probate was
taken out on the 20th ; the probate has since been tailed in, and
the executor, alr. John Ellis, put on the proof of it by the parties
to the former instrument. The first will is extremely short and
simple, devising all he property, real and pausal, equally among
his nephews and nieces, Wtlltam, George, and ohm Ellis, Mrs.
gempson, Mrs. Ilalford, and Miss Ellis, and appointing the
nephews executors. This document was signed by him, anti wit-
nessed by his two great nephews and another person. The will of
February, 1821, is of considerable length, being on eleven sheets
of paper, and is of quite a different tenor from the Cornier one : it
bequeathed to W. and G. Ellis 1,0001. each, to Mrs. ilalford 5001..
to bequeathed
Eempson 5001. per annum, anti to Alias Ellis 15e1/. per
annum, and all the remainder of his property, teal and persoral, to
John Ellis; it also appointed John Ellis the sole executor. The
real property estimated at 5,0004 or 11,0004 and the
personal at shim 30,0001., partly inherited by the decea.-ed,
partly purchased, aid partly devised. The two documents
therefore presented a very strung contrast : the first dividing
the property equally amongst the nephews and nieces, and
the last giving the .bulk of it to Mr. John Ellis, who
was a younger nephew, to tl.e disinheritance of all the others. The
fact was, these persons were not, in point of law, the deceased's
relatives, although he had so considered them, because there was a
beanies of illegitimai y between them; therefore it became necessary
to make the next of kin, 3lrs. Meux, a party to the suit, who did
not manifest any opposition to the first will. 11 f the second will was
invalid, John Ellis had no interest in opposing the first, because!
one-sixth of the property was thereby bequeathed to him ; and if
the first was invalid, the other parties had no interest in opposing
the second, because they were in some measure therein benefited.
Now the testamentary capacity of the deceased became generally
the leading feature in these eases: he was, at the age of 78 years (in
September, 11320), attacked by a paralytic stroke, which, at such
an advanced period of life, greatly affected him. He was attended
I by Iris friend and medical adviser, Dr. Morris, who found him
labouring under a failure of speech, and a total loss of his right
side. lie got rather better, but in the following winter he relapsed,
and iris mental &amities were much impaired. In February, 11122,
he was again seed with another attack, and his mind fell conse-
quently into a state bordering .on indiflieence and inattention ; and,
according to Dr. Morriss amnion, he was totally unfit for giving
the necessary instructions to such a voluminous document as eleven
sheets of paper.
Several other witnesses corroborated this statement, and Mr.
John Ellis himself admitted that he was occasionally light-headed
and in a state of incapacity, and there was no proof whatever put
in by Mr. John Ellis of the deceased's state of mind for the last
y_ear of his life. All his domestic concerns were managed by Mies
Ellis, and the money necessary advanced by Ale. John Ellis, the ;
deceased never once inquiring how the money for the domestic pew-
I pose• was obtained. The second attack took place before the execn-
tton of the second will, at which time Dr. uteri, says his debili-
tated state had greatly impaired his mental capacity. The law re-
quires not only that the deceased shell be ID sound mind. but
memory and understoodieg." according to the principle laid down .
far back as iiag 3.wa3 .Thes Mat etephew was a clergyman,
and the others in the profesaion of the law, and all had families.
It appeared that the firat will was executed without the deceased's
directions; bat lie afterwards recognised it in the presence of
several persons; and although it was equitable. in some degree, to
the nephews and nieces, still it was to the prejudice of the lyir at
law ; as Mr. John Ellis was a party or melt to the first will, it
did not become him now to say that it mu invalid, fee if it was, he,'
as its agent would not headiest risking another still stronger in his !I
favour. It did appear, however, from all that could be learned,
that the deceased always intended an equal distribution of his pro- ,
party anionget his nephews and nieces, and there was not one who
seemed to possess a superior claim to the others. Where a profess
sin m( man actod as time ?gent of a will in his own favour, the Court
always looked with a great deal of suspicion upon every dream- ;
stance, and considerable mot' was necessary to be produced. In ;
this case retry step appeared more difficult and suspicious on the
pert of Mr. John Ellis. The deceased had on various occasions ; ;
been pressed to sign the latter document ; but he had always post-; ;
poned it by saying he would consider of it. _ i

The Lisomed Judge then went throlKh the whole of the wit.
news' testimony. and concluded by granting the probate upon the
first will, of September, IBM.

Li.-utenaot R.N., stationed at Aloncrief Battery,
near Ilythe, was =fortunately drowned, by the upsetting
of a bt,ut off Sandgate, on Tuesday se'rnight, and one
WU!i au who was with him.

On Wedheeday, as Bic Philip Musgrave was driving
through the t:way of tt.: Commercial Inn, Kendal, the
gig in which he rode was overthrown, and its shafts
'broken ; and although the Baronet was dragged a consi-
tlerabie distance, we r.re happy to say that he received
hut little injury: he appeared en parade the next morning
to good health, to the great satisfaction of the whole rep-
incnt.—Car lisle l'Jirlot.