The National Register.
London, England, 1818-11-09 00:00:00

COVENT-GARDEN.

Monday night the play of The Point of Honour, was
pertinnc.l at this Theatre ; Miss O'Neill sustained the
part of Bertha with her accustomed ability, and imparted
to the character of the heroine of this interesting piece
a pathos and force which failed not to beguile the au-
dience of their tears. The parts of the Chevalier de St.
Franc and that of Darimel, were ably sustained by
Mr. Young and Mr. C. bauble. The piece, on the
whole, went off extremely well. 'the laughable farce
of The Spoil'dGiAl followed, in which Mrs. T. Hill
appeared for the first tiara us Little Pickle. She played
with spirit and was well received.
On Tuesday night Mr. W. Farren added to his the-
atrical fame by playing. Don 3fanuel,..in the comedy of
She would and She would not : in the scene at the open-
ing of the sth act, the gradval transition fruit joy to
grief was expressed in a masterly manner, and without
the least deviation from the limits of legitimate comedy.
Mrs. T. Hill was tolerably successful in Ilippolyta, and
the whole play went oil with spirit.
On Thursday night Miss Somerville repeated the
character of Adelgitha, and was received with increas-
ing' testimonies of the public approbation. The tragedy
was succeeded by a new ballet, founded on the beautiful
story of Paul and Virginia, and adapted from another
piece of the same name now performing at Paris. It is,
however, merely a section of the original tale, and
having no catastrophe is wholly without dramatic inte-
rest. To make some amends, the dances are pleasing
and well contrived, and gave ample scope for exhibiting
to advantage the talents of Noble and Miss Luppino,
together with the chaste and cort,ct, though perhaps
less graceful and finished evolutions of the kisses Den-
nett. The piece of ards a pleasing relief as an interlude
between the play and entertainmentyand we think the
public are much indebted to the new managers for the
style in which it is brought forward, and the variation
it occasions in the amusements of the evening. Care
should be taken to have as few dances as possible of
mere display, *ad that do not tend. so accelerate the
action of the story. After the ballet, was revived a
farce, called Who min, or the Widunis Choice. Mrs:
C. Kemble performed the Widow Bc'lair with her
usual spirit and good sense. The Lave itself is pleasant
and humorous, without any pretensions to higher qua-
lities, and awed the evening with an agreeable impres-
sion. The .house was well filled.

Mr. W. Farren performed the part of Sir Authong
Absolute in The Rivals on Friday night, and that of
Sir Freya' Plagiary in The Critic; the latter for the
first time ; a coincidence both of acting and authorship
that produced an overflowing house. His Sir ..Fr-cilul
Plagiary was extremely happy ; in the celebrated pas-
sage, where he is provoked by the animadversions of
Sneer, he contrived to temper his anger with the re-
(visite degree of
.gentlemanly feeling ; while his con-.
cluaing expressions of contempt were as happily blended
with teat sort of awe which the strength joined to the
rancour of the attack would naturally excite. ..If any
alterations were to be wished in Mr...W. Farren's de-
lineation of this character, it is that a some%hat,greater
degree of force might be given both to the anger and
the contempt. The provocation is certainly okeei.ive,
autl his wound NI ,eit-love can only find refuge in the
semblance at least of strong contempt. He was highly
and deservedly. applauded, and the whole piece (not
forgetting Mrs. Ciilka's Tilburina) was given with
much spirit.

Miss Somerville and Miss O'Neill are announced to
appear togethzr in Rowe's tragedy of Jauc Shore.
A very melanclAy circumstance occurred at prury
Lane 'l'lu•atre on Monday night, when .the tragedy of
Ittch.rrel ILL was near itn conclusion. A person in the
pit, who had been attentive to the progress of the per-
fortnance, but who had discovered no previous symp-
toms of agitatien, sudihntly dropped from his scat, and
expired in a few u►o►ncnts. his app.:trance was respect-
able. His body was conveyed to the Crown and Cushion
public house, near the theatre. On examining his
porkets, it appeared that they contained pa .crs of value,
with cards ofaddrcss, stating the name ca C. :IJ'Carthy,
Bull Inn, liibliomatc Street.

PREROGATIVE COUI?7, Nov. 6.

f':l7

HOPPE AND ()TILERS V. LICATII AND

This was a case of con:V:1(.1Ni: interest. Mr. Charles
Heath (theu residing at ‘Thetstoae) wrote in January,
18 18, to his proctor in town, retpicting he would
come down to his house, in order to receive instructions
for making his will; but. that gentleman being pre-
vented by indisposition, deputed his clerk to represent
him. The facts which occurred on that occasion were
detailed with considerable aceurnev and clearness in a
tkposition which was read to the Court, from which it
appeared that the deponent, a Mr. Throng's in, on ar-
riving at the house of Mr. Heath, found him awaiting
his arrival, and sitting at a table covered with leases,
bonds, policies of insarance, and a variety of papers
necessary for the dispositions about to be made by the
testator ; he proceeded to prepare a draught of a will
according to the directions of the deceased, and when
finished, read it over to him carefully, clause by clause.
—The deponenent stated that the testator appeared to
be aged and infirm, but perfectly aware of the nature
and importance of the will he had male, and that he
considered his capacity fully equal to the act he was
engaged upon. The -deceased expressed his entire ape
probation of the draught, The funded property, be-
queathed by him, amounted to nlanut 16,0001. r. par
cent. Consols, and huocrial Annuities. After leaving
the interest of 3,0101. stock to each of his three devil-
tent, and his son Edward, the principal of which was to
revert to certain grandchildren, he declared. that "as
he had not fully made up his mind as to the disposition
of his freehold and copyhold property. he should not
devise the name until he had more maturely considered
the subject ;" but that "as to all the rest, .residue and
remainder, of his personal estate, he gave, devised, and
bequeathed the same unto his son, Williarn Heath."
Deponent represented to him, that in the event of his •
dying betbre completing the disposition alluded to, the
said Win. Heath would possess the whole of his free-
hold, copy hold, and personal property ; to which tho
deceased replied, that he was aware of that ; observing,
that as William was his eldest son, and had so large
family, he had the weatest claim upon him. Finally,
he made arrangements to come to town very shortly,
ix order to give directions for the .disposition of his .
leasehold and other property, and to complete his will,
but in the interim he died, without having executed any .
other testamentary paper than the one in question.

The Counsel fur Edward Heath, the son of the tea- .
tutor, contended, that in the exceptive clause, after the -
words "Freehold" and " Copyhuld," it was the iuten-4
tion of the deceased to have inserted the words " and
Leasehold ;" and prayed that the Court would decree
the adutissi::n of them accordiugly, by which the chil-
dren would come into the.distribution of his leasehold .
estates: the case of Forster .againsr Aulten.ey, in 1810,
he maintained, bore strongly in favour of such admis-
sion, and on its decision a property was pending of •-
600,0001. ; yet .there the Court held that un alteration
of a will might be permitted, although contrary to the -
written intention of the testator. The Counsel on the •
other side insisted ou the validity of a paper, which
there was the strongest evidence, to prove had been
dictated by a man in a sound and disposing state of
mind: and argued that from the whole tenour of. the •
deposition which had been read to the Court, it w-as
.clearly proved, that he not only knew the nature of the -
dispicitions which he had mune, but that i%lr. Thomp-
son had explained to him the consequences of his death,
us related to the residuary legacy, if he.should.die.be-
fore making..any diffe:ent or more cannplete.bequest of
the property included in the exceptive clause. They
commented also on tl'e mauitest injustice of' setting •
aside the declared and utrirtea testament of the. di,.
ceased, in favour of his presumed intentions ; which,The
contended, would be the effect of admitting the itsser- •
tion of two words, that there were no evidence of its
ever having been the testator's intention to supply ;
-aad he submitted, to the coosideratka- of the Court, .
that great danger would arise from the establishment .
of so mischievous a precedent.
The Judge, after recapitulating some portion of the •
evidence, contained in the dep:,sitions, declared his. con-
currency in the opinion, that much danger woahl
fluty a sentence estabiishiog. the fact of so insnrt;o en
omission as that he was called tlime to remedy in .41
clear testamentary paper. But he had no iLoulit it his .
own mind of the intentions of the testator, which -were •
the same, .after hearing the whole evidence, as they -.-
would occur to every one, on a priwt facie view of the
case, to be. It was gratifyi:-.g, au observed, to disci:x.)4e •
a duty whi4 he felt to be itytnison with these Amen,- _
tions; and he theretbre decra.al _that the testa :tart'
paper should ke

_The late reecipta.of Miss O'Neill's bentilt,
verprml, amounted to flfiti:7s lid. •I he net renm:e_
ration for her fortnight's exertlms in that town, wr; .
40971.-asul the profits of her three visits to that pi.leo
amount collectively to little short of.:5,0(101.
Mr. Yates, who is coming. out at Cover,t G.ween
Theatre, is 4riat the husband nor any. rt•Lizion tt, 0*
Mrs. Yates wholately rcault !lerTilvannwc

fot4e.