The British Press; or, Morning Literary Advertiser.
London, England, 1825-06-03 00:00:00

PREROGATIVE COURT, Jars 2.

HEATIICOTE v. OLIVER AND TUNE.
This wad a question of costs, arising out of a will, for which
the Court pronounced during the last Term. The will was pro-
pounded by Mturs. Oliver and 'ruke, who are ths trustees ap-
pointed thereto, and was opposed on the plea of insanity by the
unit of kin.
Dr. ADDANDS, on bi'half of the trustees, stated that they had
received a letter from Mr. Herthcote's Solicitor, in which he
offered to ray the whole of the costs incurred, provided the
trustees would consent to resign their trust, and permit him to
appoint other trustees. These were terms which the trustees
could not think of accepting, and they therefore prayed the Court
to protect them in the execution of their duties by awarding Costs.
Sir J. Nicuoi. said he had delayed granting costa on account
of the suit beiag a fntuily one, hoping that so,oe arrangement would
he made among them, so as to present the interference of the ecort.
This not baring been dome, the Court felt itself bound to condemn
Mr. Heachcote to cues.

MA, OLES r. WOTTAGI AHD OTHERS.
This was a will propounded as the last testament of Mn. Mary
Swann, and opposed by the defendants, who are the next of kin,
on the ground that the testatrix was not in a sound disposing state
of mind at the time she affixed her signature thereto. The testa.
tete was of advanced age, and in January, 1823, was seized with •
severe illness, which produced occasional stupor and delirium.
A Mrs. Cockers, fearful that she would hot recover, directed
her attendant, Emma Hawker, to break the subject to her, and
to write down any instructions she might give towards making
a wilL On the 15th day of January, her attendant seated
herself by her bedside, and asked if she wished to make her
will. She feebly answered, " Yes." She was then asked whe-
ther she wished to leave her property to her relations, and site
again answered, " Va." Other inquiries were made, as to whe-
ther by her relation,' she meant her brothers, sisters, and their fa-
mites, to each of which inquiries she answered, " Yes." From
these imperfect instructions a will was hastily prepared, and read
over to the deceased, who being asked whether she approved of it,
said, " Yes, I do." She was then asked if she would sign it, to
a hick she answered, " Yes." Accordingly she•was raised in her
hal, and a pen put into her hand, with-which she attempted to
write her name, but from extreme weakness was only able to make
a RMS. On the 19th two other papers, width have been pro-
pounded as codicils tolhis will, are said to hare been executed,
and by which the bequests to her brothers and sisters are materially
lessened. These papers were prepared from answers given by the
deceased to suggestions made to her by ime of her relations.
On the part of the next of kin it was contended that none of these
papers were valid, the deceased at the time of executing them not
being in a sound disposing state of mind.
To support this.ayerment several witnesses were examined, wbo
stated that the deceased was, from the first attack of her disorder,
at all times either in a state of delirium or stupor, and that,
although she might be able to articulate answers to questions put to
her, still she was not in a state of mind to comprehend the nature
of what she was doing.
The Court was occupied the whole morning in hearing the volts.
minoua evidence taken in this cause read.
Judgment will be given next Court day.