The Sun.
London, England, 1862-12-06 00:00:00

COURT OF PROBATE.

(Before Sir C. Cresswell and a Special Jury.)
DORMAY AND DORMAY V. CABLE AND OTHERS.
The Queen's Advocate and Dr. Spinks were coun-
sel for the plaintiffs, and Mr. Hawkins, Q.C., Dr.
Tristram, and Mr. Searle for the defendants.
This was a suite instituted by the plaintiffs to
establish the validity of a paper purporting to be
the last will and testament of Mrs. Ann Welis,
who died possessed of £17,600 funded and other
property. The plaintiffs propounded the will as
executors, and it was disputed by the defendants,
relations of the deceased, who had obtained permis-
mission of the Court to appear in forma pauperzs,
and who pleaded that the will was executed under
undue influence, and that the testatrix was not of
sound testamentary capacity when she signed the
instrument.

The Queen's Advocate, in opening the case, said
that the will in question was executed on Nov. 13,
1858, and that the testatrix was 84 years old at the
time of her decease. She became possessed of the
bulk of her property through the death of an only
sister, and she had no relations nearer than second
cousins, in whom she appeared to take no interest.
She resided at Cheam, in Surrey, up to her
death, and from some friendly feelings she enter-
tained towards the family of Mr. John Dor-
may, the senior plaintiff, she made him her re-
siduary legatee, and appointed him and his son,
the other plaintiff, her sole executors. It
appeared she was fond- of making wills, and com-
menced this testamentary indulgence several years
before her death, and drew up and cancelled different
wills. She was an illiterate woman, and for some
time had been dependent on the services of a Mrs.
Ball, who was dead, and who had acted as her
amanuensis. She availed herself of the senior plain-
tiff's services in the transaction of her business, and
out of gratitude made him sole residuary legatee, and
that gentleman was most anxious to have the case
thoroughly investigated in order to free his charac-
ter from the imputation of any misconduct in regard
to the disposition which the testatrix had made of
her property.

rohnbormay said he was the senior plaintiff
in the suit, and was in business as a coal and corn
merchant at Wandsworth, and he also carried on a
gas work adjoining his premises. He was acquainted
with the deceased for about 40 years. The acquaint-
ance originated in the circumstance of his father,
who was a widower, having married a Miss Killick,
a friend of the deceased. During the last 30 or 40
years he was in the habit of visiting Miss Wells,
who lived with her sister up to the period of her
decease about 10 years ago. Mrs. Ball died about
two or three years ago, and had resided with Miss
Wells for several years. A female named Margaret
Spikesman attended on Miss Wells as a domestic.
Miss Wells had a good many cousins. He com-
menced having to do with her affairs first in 1853,
in consequence of an application which he received
from a Miss Carr, who was living with his father.
He went to Miss Wells, in company with a Mr.
Richard Cull, who had been cited in the cause, and
who had been connected with Miss Wells through
marriage with one of her relations. (The testatrix
had made a previous will in favour of this party.)
On that occasion she said nothing about her
affairs, and when he saw her about a month
afterwards, she assigned as a reason for not hav-
ing done so that she did not wish to introduce
the subject before Mr. Cull. She then entered
into details about money matters, and said
that she wished to have another will made,
as Mr. Cull had behaved badly towards her by
dictating to her with respect to her property. She
added that her sister told her a short time previous
to her death and that she was to do what she wished
with her property, and wase
advised hernottobedictatted to by
anybody in reference to its disposition. She had
made a
®will
he
enn insistedlBsl,
sen t i n g t n
on o
receiving have
it. She said she was determined to have ito taltered,o al t alter
and
anythingtodo wfroitm
regardheh
awn handwriting,her
who Whicha instructionshhee
wisheds b s e q
te o b
n tl ye
gave him.
r i
nbefore
h teor it
o
He asked
executors, and she
named_ him and his sent and in
reply to a question as to who was to be her residuary
legatee, she said "Yourself." He said, " Why not
:cave th@ regdoo of
your property to come of your

relatives ?" She said that she had not been treated
well by them ; she had not seen them for years,
and they were nothing to her, being only '4"°Ylu
cousins. He told her that she ought to leave
there, Ida.; of her property to Mr. Cull, as she bad
done by her forTr.er will, and she said that her sister
told her if anything happened Mr. William BeakneS
(a relative) she was to send for him (witness). That
gentleman was dead. He did not act on the in-
structions of the deceased for twelve months, and
when the will was drawn up by a solicitor be rea_,
P:.
over the draft to her carefully, and in reply to !Ili!
question as to whether it was in conformity vltile
her wishes she answered in the affirmative.
induced her to increase the legacy to Mrs. Cull fro%
£lOO to £5OO, and endeavoured to persuade her to
make it £l,OOO. The will was duly executed!!!
his presence, and by her direction the former
was burnt. The will was executed on the 30th
November, 1858, and the testatrix was quite cob;
petent to make it at the time. She had advanced
him £6,000 Consols to set his son up in business'
but he paid her interest for it regularly.
(The will, which contained different legacies to
relatives and friends, was then read.)
Margaret Spikesman, a distant relative of the
deceased, said that for ten years previous to hef.
decease she attended on her. She was in the habit
of writing to Mr. Dormay by direction of the ae"
ceased. The habits of the deceased were very re;
served in regard to business, but she remembers
her having told her that she had made an alteratiea
in her will, She told her also that she considered
Mr. Dormay a just man, and had left all her pro'
perty in his hands. She made this remark as tot
Mr. Dormay's character frequently during the issd
year. The deceased said to witness that she ban
not sufficiently compensated her in her will, but o e
Mr. Dormay saying that he would see justice does
she was satisfied. The deceased was very nervouo
and apt to be confused, but after a while she re'
covered herself and could tell what she had done.
This nervousness was much increased in the Pre;
sence of strangers. She appeared to be of seueu
mind down to the period of her decease.
The witness was cross-examined at length/ 1)11
nothing material was elicited.
Another witness was called who gave some 66'
deuce as to the attestation to the will.
At this stage of the proceedings it was announced
that an arrangement had been effected between the
parties, by which all further opposition to the will
was withdrawn, and the jury accordingly found a
verdict for the plaintiff on all the issues.
The Court then pronounced probate of the will.

SIIMMERELL V. CLEMENTS.
Mr. M. Smith, Q.C., and Dr. Spinks were eetl°;
sel for the plaintiff, and Mr. H. James represented
the defendant.
It appeared that the parties to the suit resided 111
Bristol, and the testator's will which was in die°
was dated April 19, 1860.
f the
The case was not concluded at the rising 0 -
Court, and we reserve our report.

COUNTRY MARXL2S.

v,.~.------

LIVERPOOL—DEC. 6.
We had a small attendance to-day, and wheat bareli
supported late rates. Business very limited. Flour
Indian corn also dull, and 6d per qr lower.

WAKEFIELD—DEc. 5.
Wheat, at our market to-day, was dull, and prices es
Is under last Friday. Barley also is lower, and the
small. Other articles were weaker in price.

Averages for the week :
Wheat 1 097 qrs., at 4Bs Od
Barley.... 2,601
Peas ... 60
Oats 5 .. 30s 611
Rye .. — —s Od
Beans

STAMFORD—DEC. 5.
gi
New wheat, 48s to 50s—red, 42s to 46s per 36 -mto
illlee.
Barley, 32s to 40s per qr. Oats, 22s to 25s per 24 ow
Beans, 38s to 42s per qr.

EXETER—DEc. 5.
A to 45 VI
Wheat, white.. 6s 6d to Gs 9d I Barley ..35 6"
Ditto red .6s 3d to 6s 6d I Oats .:. . „DJ 9d to ~.35
Flour, fine, 37s to 38s ; seconds, 355.t0..36s per 04'1"
CATTLE.
A limited supply of all descriptions of stock. ocl
Fat beef, p Sc., 9s 4d to 11s3d Ewes, psd to 1
I6d to 7•
er lb ... • to 7d
Pork carcases, 8s Od to 9s Od Wethers, d 0....... 61d
Lamb, p 1b....... lid to 8d Fat calves,
Rough fat, 31d per lb.
d 0...

BRISTOL SUGAR—DEc. 5.
we hail
The brokers' offices are so bare of samples that e
market steady
had our raw sugar market at a stand still. The refill.„,
Y. There is no new feature to notice
rum market. iu

COAL Dcl
(Prices of Coal per Ton a

[ARKET.
t the olose of the market.

s. d.
Buddle's West Hartley 16 6
Hastings llartley ....16 6
Walker Primrose .....15 3

Walls End. d
s. '
Hetton .lB 6
Gosforth ........... 16 3
Hartlepool.. ................ 8 g
Trimdon Thornley....
South 11arti0p001,...17 „ ,
Trimdon Hartlepool .. 0 vo
16 6
Kelloe ........ . ..... "1g 3
Riddell ........ ~18
29; sold, 20.

Walls End.
Haswell
South:Hotton ~.18 6
Braddyll's Hetton 17 6
Harton l6 3
Ships at marker

FO.REIGN MAIL PACKET LIST.

MAILS DUE.
neo. 1.79'
Auf.ralia and Mauritius, via Southampton.....
via Marseilles . ........ —nee. 4.
Llrazil and Cape Verds, by British packet. ....... 2.
Cape of Good Hope, Ascension, and St. Helena..
China, Penang, and Singapore, via Southampton.v%, 13.
via Marseilles • •
Falkland Islands
Gibraltar, via Southampton Dee'
o. -'e
India (Calcutta), and Ceylon, via Southampton...-fl ' epo,
1
via Marseilles.. • • 14
'Dee' a
India (Bombay), via Southampton .•
via Marseilles

Lisbon 2.
000000000000 .neo.
Malta, Egypt, and Aden, via Southampton ...... ..`/flec. 6.
via Marseilles .. ...... Dee. 10•
Newfoundland ..
Oporto and Vigo
...
U. S. and British N. America, by Brit. packet....
by U.S. packet.. • • ,ec. 6.
by Canadian packet.-;0. 10.
W.C. of Africa, Madeira, and Teneriffe .......... 18'
Bahamas, via New York
Mexico..
All parts of West Indies, including ....... 15.
California, and British Columbia..

A FEDERAL PIRATE.--Information has been
074
ceived hero that certain merchants in New York) ince ll ce,
at the ravages of the Alabama upon American cow the
are fitting out a pirate to prey on British cotemerce.,,
is
vessel is reported to be very swift, and if she suoce'A-or
leaving the port of Now York will inflict incalculable -
age on commerce conducted under the British OP
doubt is felt here that the Government will shays' 13;00
more energy in putting a stop to this piratical Graff., boa
the British Government did to the efforts of the Al
in getting out of English waters.—New York Traria: jot,
[ADVERTISEMENT.]--Holloway's Ointment and l',lll foal
Hard Weather.—The frosty air, sharp winds, al3-000,
atmosphere have a most injurious effect upon Woo'
causing eruptions, pimples, and boils, if no worßett.cctioail
quences. These excellent remedies will dispel all 8-erbeeti
of the skin—they act as direct stimulants of the apa° forst
without producing the deleterious effects of InOt 131.tatioaiii
cosmetic preparations. The ointment soothes all litriffios,
of the skin, flushings, and other unpleasant fee
leaves the ontiole elastic, sofi, a silky. In c.--„g '-
relieves all herpetic ani other vexatious ~atoll
scrofula, scurvy, chapped lips, chilblains, all inflain
maladies, erysipelas, sores, wounds, and bad legs,
way's ointment and pills will bring about a cure
Atli
paralleled. rapidity and certainty.

BIRTHS. the
KErrEL.—On the 3d inst:, the wife of Rear-Adrol.ol
Hon. Sir Henry Keppel, K.C.8., of a son. c,,cleir
MORLRY.—On the 2d inst., at Meadowcroft, Lover
ham, the wife of James Henry Morley, Esq., of a "
ter.
PoLLOCK.—On the 4th inst., at Brightside, Lewisllanj'
wife of John Pollock, Esq., of a son, 31/°°,lA
STUART.—On the 2d inst., at 3, Queen's-terracei Ole
wich-common, the wife of Major Stuart, WV"
neers, of a son.

MARRIAGES. 000
Ch of
BRooxs—GElLs.—On the 4th inst., at Queen 007„
Manor, Somerset, Robert A. Brooks, Esq., sides, Ee-11, "Robert Brooks, Esq., M.P.. of Woodcote-parks—
to Katherine Pascal, eldest daughter of J. E. --1 o
la f
of Dumbuck, Dumbartonshire. s
lies
CorToN—PowELL.—On the 4th inst at St. flesl-44
Westbourne-park, William Compton,' Egg" he late
ham, to Rhoda, third surviving daughter of t
Powell, Esq., of St. John's-wood.

,IFI :ELA:EsEcEnonlisaTlizailechA.
E 2:
LadyotEß. rlE•ioLnocoontnhhineteh4rteeh.3ainDisnEts.,atallEtjlol.heHeesußrydalacc:l2Lidtao4
sham, Esq., of Staple-inn, eel
loatne
tohfeC4htihnainst.,
the 3d inst., at Hastings, An "
F eteller'
list of the late Thomas Hare, Jae' r(/'
Vit/r
cestershire, Alice Mary, infant daughter of Sir
ROSE.—On the sth inst., at 257, Oxford-street, gr.
and
jugdhe-beurtrgeebt: stiff
Rose, wine merchant.
Rodniltlrty,s.t—heOßnetvh.e
ssathndienrssot.n,
Ratob6in, ricl3s..
'petals
Isle of Thanet, aged 61.
oS,acyllev,i2e;eftrsete.t

parr,
LONDON : Printed and Published by JOHN CK 112,
of No. 112, Strand, Printer, at TiE SUN Office 11°'
Strand, '
In the Precinct of the Savoy, in the Co /int
Midcllool4—Saturday, Deomber Gs 1862.