The Sun.
London, England, 1801-08-25 00:00:00

LAW REPORT.

DOCTORS' COMMONS.

WELDON WELDON.

Tft is was a case of some novelty and considera-
' 'He importance in its nature. It was a suit insti-
tuted by Mr. John Weldon, one of the NephewS
and Residuary Legatee and Executor of the late
James Weldon, Esq. of Bath, to establish the Will
of his uncle. The Will was dated the zd of
ber I,ms- and executed in the presence of three Wit..
nesses. It contained a disposition of all the, Testa-
tot's Fortune, and there were Legacies to many re-
lations, particularly. to Catherine arid Jane Weldon,
two of his Nieces who lip ed with him, and ,had for
several years the entire management of his concerns.
.The Will was cancelled by having the name torn
from the two first, and the name and seal from the
,two last sheets, and the Probate was opliosed by
one of the Nephews who was a Legatee fbr- only
2001. The deceased was a Batchelor, nearly go
years of age, and almost blind. He 'left thirteen
Nephews and Nieces his nearest relations. There
were nine Witnesses examined in the cause, and the
material faCts,- as disclosed by the Evidence, appear_
ed as follows. 'The Testator, (who had been resi_
. dent at Bath for many years,) in the month of June
179.2, caused his Niece Miss Catherine Weldon to
write a letter to Mr. John Weldon, who then re-
sided in Spain, inviting him to come to Bath, as it
would make him happy,, and intimating that -he
would, perhaps, make his Will in his favour. The
letter -was signed by .the Testator, and he added .a
. Postscript- in his owls hand-writing; calling. " his
Nephew, his dearest Jack, and -that he was uneasy
about leaving any other person his money but him."
Mr. John Weldon came over to England as soon as
possible after the receipt of this letter, and came to
Bath in September 1792, when hips Uncle received
him' kindly, and executed a 'Will leaving him the
. bulk of his fortune. In September 4793,, another
Will was made by the Testator, occasioned by the
death of some of the Legatees' named in.the former
Will. At the Execution of this Will, the Testator
noticed an omission of a Legacy which was inter-
- lined, but in order that the Will might notsappearso,
it was agreed that another Copy should be- made,
which was executed on the zdcf Odober 1792. This
was the Will propounded. Mr. J. Weldon afterwards
went to. London:and engaged himself in a Counting.
house, where he remained. until the Autumn of
3797, (occasionally visiting his uncle at Bath) at
which time, obServing,a great decay. in his -uncle's
health and,intelleas, he came to Bath and resided
With his unclestill his death, Which happened on
the isth of December, 1799. .
There was complete evidence of.general incara-
city in the Testator, from the •middle of the year
1797 till his death; and the uncle's favourable in-
clinations towards his nephew, Mr. John Weldon,
were proved from 1793 to 17gs; froth which time
there was no evidence of any 'intention to alter the
Will. Oh the tzth of March 1798,
.Mr..Boord;
an attorney at Bath, was 'called on by. Miss Jane
Weldon, one of the nieces, and.desired to come -to
her uncle's at Twelve. o'CloCk (a time when Mr.
John Weldon was generally out), and On his going
there. Miss Catherine Weldon informed him her
uncle wanted to make a codicil to his Will. He
was sent for by the nieces; on the z3d of May fol.
lowing, at the same hour, for the like purpoie, and
he called at the house,- of his own accord, on the
29th of the same month. At these several times
Mr. Boord- found the deceased completely incapa-
able -of doing any testamentary att. On his first
~visit he had some previous conversation with Miss
Weldon below stairs; who informed him her uncle,
from a.quarrel he had had with Mr. John Weldon;
. wanted to make a codicil to his will in her and hes
sister's favour, hut that her uncle did not know of
his coming ; but he was to go to her uncle,- who
was in his bed-room, where he mostly lived; and
the would follow him. Mr. Boordi when he was
about taking the instruetions, asked Miss Weldon
for her uncle's Will, but she told him there was nom..
casion for it, as a codicil would do. Hewas proceeds
ing to take the instruetions, but found,the Testator
quite incapable. Miss Ce Weldon, however, prompt-
ed him tog° on, and dilated, in drat, every thing.
On his leaving the room, he told Miss. Weldon 116.
uncle could not make any. Will in his then-state ;
but as she told him her uncle' was, at times, quite
well, he said; when he was so, if she would -send
for him, he would come. Mr. .ffoord, at this time,
in consequence of Miss Weldon mentioning that her
uncle would sometimes tear Bank Notes, -cautioned
her and her sister not to let their uncle haVe his
Will, lest he should tear that • also. Mr. Boord
made his second visit in consequence of a message
from the nieces, left at his Office, and, on being in- •
traduced to them, they. questioned him as to being
made joint Executors with their cousin ; or, avhe;
ther it would not be better to fire certain sum for
him, and for them to be made joint Executrixes and
residuary Legatees. -Mr. Boord, as desired, went
up with Miss Weldon to the -deceased, who was in
bed, ' whofn he found worse than when he last saw
him, and from the earnestness of the nieces to get
a new Will, he thought it right ro get the existing
Will into his custody, and desired Miss Weldon to
give it to him, which she did, taking it from a box
in the room. On looking at it, he found it can-
celled; and on asking niss Weldon, how it came
to be torn, she said, her uncle had done it abbut
six weeks before : and in answer to' question,
whether it was torn when Mr. Boord was last there ?
she said no.; it had-been done after that, time.—
Mr. Boord then asked Mi. Weldon; how it was
• torn ? but he said; he
.kncsv , nothing about it.,,,
With a view, therefore, of remedyinq, as much as
possible, the cancellingpfthe'Will;lfir. Board pro-
ceeded to take instruCtions for' another, -which he
put down on the back of the cancelled Will. He
found Mr. Weldon, 'however, quiteincompoient ;
yet, on asking him to, whom he would give'the re-
-sidue ? he said, to his nephew John; at which Miss
Weldon, proposed, in a whiser, to give her cousin
a sum certain; an,?- to 'Make her Executrix, and re-
siduary Legatt.:e;_ 'Mr. Boord, however, 'would in_
terfcre no luither, but -he -brought the Will away

LONIWN Pnrite;i b
At Elie StiN.Grvict,