The Sun.
London, England, 1831-06-20 00:00:00

LAW INTELLIGENCE.

PREROGATIVE COURT, iJuNe IS.
WHEELER AND BATSFORD V. ALDERON.
Sir JOIIN NICHOLL gave sentence in this case at
great length. It was a question respecting the va-
lidity of the will of Mrs. Elizabeth Morris, widow,
who died on the 10th of March, 1830, aged 65.
She resided in Gainsford-street, Horslvdown ; the
property she left amounted to about 76,000/. Her
nearest relatives were Mr. Thomas Dean Alderson
and his two sisters, who were second cousins of the
deceased. The will was propounded by Mr. Charles
Wheeler and.:Mr. Henry Batsford; the executors
and residuary legatees, and was opposed by Mr.
Alderson, the next of kin. The will was dated the
Sth of July, 1822, eight years before the death of
the testatrix. There were legacies of 10,000/. to
each of the two executors, 5,000/. to Mrs. Batsford,
2,000/. to Miss Batsford, several legacies to friends;
and the residue was bequeathed jointly to the, two
executor. •At the dare of the will the residue was
not considerable, about 1,000/. or 2,000/., bin the
property had since greatly increased by accumula-
tions. The will was the hand-writing of Mr. Bats-
ford, s% h o was the deceased's solicitor, and it was
attemed by two witnesses, living in Mr. Batsford's
neighbourhood, casually called into Mr. Batsford's
office (where the execution took place), who merely
saw the deceased sign her name, without being
privy to her intentions, and having no reason
to doubt the soundness of her mind and capacity.—
Under such circumstances, it became necessary to
have something more than evidence of the mere colt-
didit and facturn of the will. On the part of Mr. Al-
derson, it was pleaded that the deceased at all times,
from early life, and up to the date of the will, was
of weak and sender capacity, and actually deranged;
that she was incapable of doing any act requiring
thought, judgment, and reflection; that she was
spoken of and treated by medical men, by her fa.
mile and frends, and by others, as a person of de-
ranged mind, and called " Mad Mrs. Morris," and
" Mad Mother Morris ;" that she was eccentric in
her dress, irritable in her temper, fond of low com-
pany, in the habit of exposing her person, and of
indulging in habitual intoxication, and consequently
liable to fraud and imposition. Few specific acts
were pleaded ; it was alleged that she had been so
during her whole life. In respect to the documents
(which were exhibits in the cause) in the deceased's
hand-writing, it was alleged that they had been
written under the dictation of others. On the part
of the executors it had been pleaded that the de-
ceased was perfectly sane; that she had been
treated as such by her family and friends; that she
had had the uncontrouled management of her pro-
perty all her life ; and that she kept accounts of her
transactions in business, which were not alleged to
be incorrect. A great number of her letters had
been exhibited, written at different periods of her
life. It was necessary, then, to inqu're whether
there was satisfactory proof that the will in question
contained the mind and intention of the deceased,
and whether she was of sane mind, and competent
to give effect to her intentions. After recapitulat-
ing and commenting on the evidence, as it has from
time to time appeared in the public journals, the
Learned Judge concluded by saying, looking to the
whole history of the deceased arid her testamentary
acts, to the way in which she had been treated by
her family and friends, to her conduct in business,
to her behaviour in her frequent excursions in the
country, and this body of evidence corroborated by
her letters and correspondence at various periods of
her life, all proving the general sanity of the de-
ceased, except when under the temporary influence
of liquor, with the evidence of mind and intention
on her part, the Court was bound to consider this
as the act of i► free and capable testator, and to pro-
nounce for the will.
No order was given as to costs.

The letters from St. Petersburgh to-day, to the
31st ultimo, state that that capital remained healthy.
Much activity prevailed among the merchants and others
connected with the trade to this country. The purchases
of tallow and other produce had been extensive. The ex-
change had receded to 10 11-16. It was expected that
the supply of tallow during the present year would be
about 160,000 casks. There had been already purchased
about 50,000 casks. The current price was 102 rubles
per good. In the Russian ports the purchases of wheat
were not on so extensive a scale as a short time back. The
agents of the Russian Government had been buying largelY•
It was not believed that so much grain would be shipped
for this country in the present season as during the past year.
MUSIC MAD.—London is swarming with
musicians, till it is humming all over like a bee-hive.--
RIES has come, in order to conduct a new oratorio of his
at Dublin ;
IltrAtmEr, is going to try his luck at Manches-
ter; what the celebrated Users, from Petersburgh, is
come for, we have not yet been able to learn : and there
are fifty more (at least) all ready to rival PAGA?(INT, and
delight John Bull.—Literary Gazette..