The Sun.
London, England, 1809-09-19 00:00:00

i‘LYY -1,7277175-741*Lt;

A capse has lately been instituted in boClors'
Cotnmons respeCting the Will of the late Lady Bath,
under circumstances of a very singular nature.- The
question is simply Whether The EccleSiastical Court
can rectify the errors of her conveyancer, and thereby
carry her Testamentary intentions into, eAeet.
The late Countess of Bath, being the 'only child of
Sir William Pulteney, Bart. died without issue. in
July 1794, in contemplation of a marriage between
her (at.that time Baroness of Bath) and tier
Sir James Murray, (now Pulteney) Batonet, articles
of agreement were entered into between diem,
whereby all her real and personal estates, except as
therein mentioned, were conveyed to trustees, op-
on the trust therein mentioned, and a power wit
given to Lady Bath to dispose thereof by Deed or
Will.

While, theartieles of agreement were preparing,
Lady Bath gave verbal direOions to Mr. Kipling, one
of the Six Clerks of the Court of Chancery, to pre-
pare a Will, which she intended to execute soon
after her marriage; from which directions Mr. Kip-
ling accordingly drew heads of a Will which were
delivered by him to Lady Bath for her perusal. a
short time previous to her marriage,. and that gen-
tleman attended her several times for her tinal.ap-
probation, and after the Will had been settled it was
fairly copied; and as lady Bath, and her husbaud
Sir James were about to'' leave Londoe for some
months before a Will could be prepared in form, the
instructions were executed by her in the month of
August, 1794, as her Will ; and .she directed that
they should have the same force and effect as if a
Will bad been adeally executed. .By these instrue-
toes Lady Bath, eller bequeathing -several specific
legacies, directs the interest of all toe residue .of her
peisonal estate (now, by the death of her father,
who died imesiate, upwards of 600000 to be paid
to her father for lite, and atter his death to her hus-
band, Sir James Pulteney for life; and after his death,
the principal, and all accomulatiou of interest, to be
divided among the younger 'children equally ; and
in default of such issue to Elizabeth Evelyn ,Mark-
haul .(the wife .of the R. George Markham) for
life, and aftei• her death the principal to go to such
one tnymore of her children and grandchildren as
sile should appoint, and inalelatalt of such issue, then
to the surviving brothers or sisters of Mrs.Markham,'
equally; and should there be one only, to such one,
and it all should be deade-to the executor or admi-
nistrator of the survivor.
'After the instructions were executed, Lady Bath
returned them to Mr. Kipling, stating, that she had
madeian alteration in the last folio, which of course
must be made in the Will, and he was direEted to
prepare a Will agreeably to such instructions; but
Mr. Kipling being et the time when the will was
directed to be prepared much engaged by other ta,
siness,.he applied to the late Mreioliday, a convey-
ancer of eminence, to, recommende proper person.
to draw a Will according to her itastruaions. Mr.
Holiday recommended a draftsertan, and Mr. Kip-
ling' gave him the instructions executed by Lady
aath. He drew the Will and returned it to Mr.
Kipling, who, having perused it, directed two copies
to be male and delivered to her. Ladyship for exe-
cution. Lady Bath having made an 'alteration in the
devise of the residuary estates, in layout. of Mrs.
Markham and her issue, as well in the event of her
(Lady Bath leaving only one daughter and no other
child, as in that expressed in ,the instructions of
leaving one only son, and also by giving the residuary
personal estate, in default of Mrs. Markham's
leaving issue, to an only child of her (Lady Bath)
before the bequest thereof to her (Lady Bath's)
brothers or sisters.
Such alteration was made by Mr. Kipling, and in
consequence, it. was found necessary to take away
some of the sheets of the fair copies, and to substi-
tute others, containing such alteratious, aid in Nov.
1794 two parts of the were executed by Lady
Bath, one. of 'which was kept by herself, and the
other was direr ed by her to be kept by Mr. Kipling.
Neither Mr. Kipling nor the draftsman ever received
any subsequent instructions from Lady Bath, and her
Ladyship and .Mr. Kipling believed. the two pas of
the Will to be in strict conformity with the in-
sfroctions she. had executed. No variation or omis-
sion in the Will was discovered during her life time;
but,since her death, upon comparing the Will with
• her instructions, it has been found that the clause
disposing of the 'personal estate differs from, and is
not co-extensive wiih the disposition contained in
the instruttions, .which difference. arose through the
inadvertency of the draftsman
,emplo) ed by . Mr.
Kipling.
On the death of Lady Bath a probate of her Will
was granted to Sir Thomas Jones, Bart. and Chris-
topher Coclrington, E3(l. two of the Executors, power
being reserved to Mr. Kipling,'the other Executor.
Sir James Pulteney, in consequence of the Convey=
ancer having omitted to continue the remainder over
to Mri. Markham, on the contingency of Lady Bath
not having any issue, claims an absolote interest in
the residuary estate ; a decree has therefore been
lately taken Out by Mrs. Evelyn Fawcett, wife of
John Fawcett, Esq. formerly
.Markham, the resi-
duary legatee substituted in the Will on the death of
Sir James Pulteuey, as we before observed, citing the
executors to bring into Court the Probate, and strew
cause why it should not be revoked, and declared
void, on account of the clause in the Will disposing
of the residuary personal estate, not containing
equally extensive provisions as are expressed in the
heads or instructions ; and on the probate being de-
clared void, to accept a new probate with that part
orclause of the instructions which respeCts the dis-
eposal.of the residue of the personal estate as consti-
tuting together' the true Will of Lady Bath : and
Mr. Kipling is also cited'to brine- into Court' the he-
struadons and original draft made by the draftsman.
Sir James Pulteney is cited also to appear to see pro-
ceedings.

On Saturday se'ennight, about seven o'clock. in.:
'the evening, a woman, in, Argyll-street, Glasgow,:
went to the well, and left her datignter,.a child be.;
tween three and four years of age, u.ho, her.tno-
filer's absence, having gone too near a lamp, uhich
was burning, had her clothes set on tire, and the
child was so dreadfully burned, that bhe survived
only fill next morning,_