The British Press; or, Morning Literary Advertiser.
London, England, 1820-12-07 00:00:00

ed them the property, a short time (the brother had
been head-waiter at the Thatched Howse, St.
James's-street). Morland and Co. were she bankers
of the brother, and tney were continued by the
testutrik as her bankers. and Mr. Morland received
her dividends. The Defendant was chief clerk to
Morland and Co. ; and they knowing hr was going
to Twickenham in the tear 1817, they requested
him to call on the testatrix nith their respects,
which he did, and nothing primed between him and
the testatrix on ttli'at occasion, but the usual
compliments that courtesy demanded. He mil-
mated that the testatrix was 77 years of age,
and he, the Defendant, 41; that he took the name
of Beauchamp at her request, it being her mallet)
tonne. He denied that he ever pretended any
ntiactiment to her, or that he ever promised to
marry her, or used any improper memos to remove
her from Twickenham; that it wori at her own desire
that she Caine to reside at Suffolk-atreet. and that
her maid.wervant accompanied tier; that she was
not, while residing there, secluded from her friends,
as she had several of them to dine with he►, He
denied that he did, by endue influeoce, procure
her to assign over to him soy part of her stock.
lie admitted that she did transfer the stork into
his and her image, arid by her will that she gave
him the residue of her property. The testatrix, in
May 1819, wished to he removed into the country
for the benefit of the sir, and reqiieated of the
Defendant to Like a house for her, which he dill,
in Somerseishite, which she went to, accompanied
by her faithful servant, Elisabeth Gray, and she
was visited there by her friend•; the Defendant, at
her request. accompanied her to Somersetshire, and
was obliged to leave the 6rm of Morland and Co.
vottich lie was on the eve of becoming a loather. That
Mr. John Hosier, of Pall-mall, was the adviser of the
testatrix on the occasion of tier executing the deeds,
sod that lie explained to her the nature of them
before she executed them ; said the reason she gave
fur traiisferriug the stock, from her own name to that
of her's and the Defendant's, we., that he hail giverh
up his business in town to accompany her to Sorrier-
aetthire, and she brimmed Mr. Hosier that it was
her own propose!. The Defendant also said, that
so for front the testatrix trot being capable of
transacting business, that she wrote a good plain
hand, and kept au 'recount in her own mime of the
money she drew front her bankers, and that she was
tensible up to the last hour of her life; that dot-
ing her life she always dressed well, either in a
!dock silk or black satin gown, which she pre-
ferred on account of being very corpulent. While
she was in Suffolk she used the carriage constantly,
and she was never prevented by the Defendant
from going out when she !deified. The Learned
Counsel then stated, that there were several affida-
vits in support of the Defendant's answer ; the
first, that of Elizabeth Griy, the Galant servant
of the 'ratan-ix, and who had long heed with her.
setting forth, that she nevet knew her but to be of
sound mind, and that the conduct of the Defen-
dant to the testatrix was alwais that of a sou to a
parent, and that she never considered there was
any other attachment between them. There were
several other affidavits, contradicting that of Mor-
gan. the Defendant's discarded footman, and par-
ticularly as to the offensive smell from the legv of
the testatrix. The Learned Connael then con-

tended, that there was no ground, ur priociple of
equity, on which the injunction could stand.
The affidavit of Morgan wa4 so contradicted, that
it could not be believed, and if his affidavit wei
thrown aside there was an end of the case. He had

no doubt, from the whole circumstances of the
cas., but his Lordship would he of opinion that the
injunction ought to be dissolved.
The LORD CHANCELLOR—" The capacity or in-
capacity of the testatrix is not the question lim—
it is. whether awoman of that great age, when she

was executing the deed of transfer, hatl full know-
ledge of what she was doing. I wish, therefore, to
see this instrument for the transfer of the funds iu
both names. for there may be a declaration of trust
in it—and the Court will not allow a person pro-
viding these instruments to receive benefit from
them without the grantor had full knowledge of
what he was doing. Let the see the deed and
the will."

Mr. SHADWELI., on the same side as Mr. HART,
said, that the will and probate were in the Eccle-
siastical Court, null contended dist the mere trans-
ferring stock to the names of A and 13, made them
joint tenants of the stock.
The Loan CHANCEI.I.OR—" Did the testatrix
understand that if the Defendant died before her
she was giving to her personal representatives ; if
she did not, will this Court uphold the deed with-
out it contains a declaration of trust ? You say,
Mr. Shadwell, the transfer makes them joint
tenants, but that was not the intention of the deed,
as 1 understand it, for if she died first he was to
take all, and if he died first she was to take
nothing. We cannot go further without having the
instruments produced, for the testatrix could not
have understood the effect of the deed, when after-
ward♦ she .!ave the same property to the Defendant
by will. Lrt the motion stand over until to-
morrow morning, hir the Court must put itself in
possrssion of the contents of the instruments."
Further consideration postponed.
The LORD CHANCELLOR rise at two o'clock.

COURT OF KING'S BENCH, WrerxisaTtn,
‘VEDIESUAT, DECCMSER C.

Refute be LORD CHIEF JUSTICE.

puti.sy D. HALL

This was an action for slataterous words spoken
by the Uelendatit concerning the Plaintiff. The
Defeud:int pleaded in justtlicstion that the vrurtls
e.pokett were true.
Mr. Guns/ Ex stated the facts to the Jury. The
Plaintiff is an opulent farmer at Lowten, in
Essex; the Drirtitiattt had hero his Bailiff, hut
had lett his service shortly before the words were
'Token for winch the :action was brought. The
Def.-Aldan', in a COIIVCII4IIIOO which took place at
the boccie of Mr. Noah Heath, said. " There is as
much difference between Hogg and Philby as there
i. between a Chtiothm rind a savage. Many a poor
man hag been .rut out of the country fur less than
Philby has done; for he caught a sheep up the
lane, and wanted me to kill it, hut 1 would not.
He is a thief, and 1 can prove it; 1 can prove him a
thief. Mr. Stallibrass sent three rams anti three
I ewes, and he took one of the rams and put with his