The Sun.
London, England, 1871-01-21 00:00:00

LAW AND POLICE.

AN OCTOGENARIAN'S WILL DISPUTED.—Lord Penzance
is engaged in the Probate Court in trying the cause of
Treargold v. Treargold, which is a family dispute as to
the validity of the will of the late William Treargold, of
Portsea, who died at the age of eighty years, leaving
£30,000 persOnalty, and over £4,000 realty. The plaintiff
the eldest son propounds the will, and the defen-
dants who are children of the testator's other
sons (deceased) and the daughters of the testator; opposed
it on the ground that it was not executed according to the
statute, and that the deceased had been unduly influenced.
By a former will the defendants benefited much more than
by that now set up by the plaintiff. A. large amount of
testimony has already been adduced, and the case, which
is hotly contested, is likely to last some time longer.

EXTRAORDINARY WILL CASE.
In the Probate Court, on Thursday, the case of " Cook
and Goldsmith v. Goddard and others" came before the
Judge Ordinary. The testator was a retired draper, and
had amassed a fortune of about £30,000, of which he dis-
posed by a will dated the 23rd of March, 1870. He died on
the Ist of April, 1870. The will was propounded
by the plaintiffs as executors, and was opposed by some
of the next of kin. After the counsel engaged
in the case had addressed the court, the Judge Ordinary
said he was of opinion that the plaintiffs had failed in
establishing that the deceased was of hound and disposing
mind on the day when the will was executed. He re-
marked that one of the plaintiffs, Goldsmith, had given
his evidence in a most disgraceful way, and seemed to be
quite regardless of the obligation of an oath. The testator,

a small tradesman, had by thrift, not to say parsimony,
accumulated £20,000. He retired from business, but the

habits he had learnt did not leave him, and he lived in a very
humble way, and only kept one servant. When nearly 70
years of age, as ()Hen happened to persons who did not want
it, he was left £lO,OOO by a Dr. Jackson, and this money
seemed to have dwelt in his mind, and he was constantly
muttering to himself about it. Towards the spring of last
year he was undoubtedly ill, and towards the month of
March he took to walking out late and straying in the

churchyard. He then became excited and weaker in ex-
ternal appearance and in faculties. It was about this
period that an attempt—and he said "an attempt" ad-
visedly—was made to obtain a will from him. Up to that
time nobody but Goldsmith had heard him say how
he meant to dispose of his property, or that he meant to
dispose of it at all. In fact in his (Lord Penzance's)
judgment, the deceased was like a good many other per-
sons, who by frugality had made large sums of money
and did not desire to dispose of them by will. Many persons
like him became so enwrapt in their money that they
-thought about very little else, and to mention claims of
relationship only disturbed them. (Laughter). They had
an idea that the making of a will accelerated their death—
(renewed laughter)—and they were indifferent to others,
became " selfish," and the word " give " discomposed
them. Even if the words " I give £3,000 after my death "
were read they would feel uncomfortable, though the
money would not leave them till after they required it no
longer. In fact this class of persons did not like to contem-
plate death at all. This testator never desired to make
his will, because on the 17th of March the housekeeper's
testimony, which he relied on, went to shew that Gold-
smith, the plaintiff, and Cook were with the testator an
hour, and all he had got to say referred to the Jackson
estate. After this hour he saw Mr. Alston, his solicitor,
who had been waiting an hour, and the evidence of that
person was very material. He said that the testator could
not answer any question. This was on Thursday, and
nothing further was done till the foll Owing Wednesday.
On the Monday the testator went out with Cook, and
would "hang about" the Angel Inn. Cook tried to get
him home, but he would not go, and he dined at the
Angel.. After ;that endeavours were made to get him
home, but he would not go, and Cook, with assistance
was compelled to take him by force, and even when at
his own door he would not go in till obliged to do so. He
had no sleep on the Monday, and on the Tuesday the
doctor was sent for. On the morning of the 22nd, the
testator was apparently going out, when a man named
Puttick was sent for, and threw Goddard down on the
bed, and Goldsmith—who they had evidence at the
time was desirous a will should be made—had a strap
in his possession, and strapped the testator's legs to-
gether. In that state Mr. Fenn, the surgeon, found him.
Another person named Chiswell was also fetched, and for
the next day he seemed to be in possession of the house.
That was the 23rd—the day the will was made. As to
the testator's condition in the morning there was no
doubt. He had no sleep and morphia had been injected
into his veins. His mind was wandering, and Mr. Fenn
told the people not to restrain him ; but not to allow him
to go out. The next evidence was that of the Rev. C. M.
Torlesse, the rector, who said in the morning the testator
was suffering from the grossest delusions, fancying that
he had seen his mother who had been dead for 20 years.
Mr. Torlesse, no doubt, arrived at the conclusion, which
was a correct one, that at that time, at all events, the
testator was as " mad as a March hare." In the middle of
the day the Rev. Mr. Coyte called ; but his evidence did
not amount to much. He was not interested in the
testator's testamentary dispositions, and therefore did not
remember them. It was often a matter of surprise how
Persons not actually interested came into the witness-box
and professed to remember as much as they did.
(Laughter.) Notwithstanding that Chiswell was in the
house that day the testator managed to give him the slip,
and ran out without his hat, and he was seen by the Rev.
Mr. Lightfoot, the curate, in the street, and was taken
back into his house. It was then that it was alleged that
he uttered a remark to prove his sanity. Even if such
were the case it did not prove that he was capable of
making a will. The making of it and division of his pro-
perty did not emanate from the testator, but from Mr.
Torlesse, who had been told by Goldsmith. Whether the
testator did or did not mention the names of the people,
when a list of his relatives was gone through, was
not very material, and they knew that when Mr. Torlesse
proposed a legacy of £5OO to Cook, the testator at once
exclaimed "That is too much." Lord Penzance went on
to say that it was clear that to the last the testator had
no desire to sign his will, though Goldsmith said the
reason of his delaying to do so was because be wished
to read it again. The other witnesses, however, stated
that the testator did not want to sign it, and they had
the evidence of a policeman, who listened through the
shutters, that the clergyman had to press him to sign it.
The next morning there was no disagreement as to the
testator's condition—he was insane. Now as to the law
on the subject. It was not because a man was not a
raving maniac that he was capable of making a will. The
law said, " had he a disposing mind," and the onus of
spewing that he had rested on those who propounded the
will. It was shewn that on the morning of making the
will Goddard was insane ; was there evidence to shew
that was only temporary, and that at the time the will
was made there had been a return to reason? They
only had the evidence of Mr, Torlesse, that he simply
asked the deceased where he was born and in what parish,
and did not in any other way test the testator's memory.
The learned judge could not see his way to pronounce for
the will, and should, therefore, pronounce against it, with
costs. It was not unfair for a man not to make a will, as
if he died without one, the law in an equitable manner dis-
posed of his property. When he did make a will, the onus
of shewing that the testator was of sound mind rested with
those who set it up. They had failed to do so in this case,
and must pay the costs.

Mr. George Howell, the working men's candidate
for promises in his address to the electors to seek
to diminish the present burden of pauperism by " em-
ploying the idle labour on the idle land."
PRUSSIA AND LUXEMBURG.—The Kolnische Zeitung
gives an abstract of Count Bismarck's reply to M. Serval%
the Minister of State for Luxemburg, in reference to the
neutrality of the Grand Duchy. The answer is dated
January'G, and returns to the occurrences at Thionville,
in reference to which the Chancellor still asserts they in-
terfered with the military operations. Count Bismarck
reserves further remarks on this subject. A demand for
indemnification is not specifically formulated in the dis-
patch. The reply also announces that, during the con-
, tinuance of the war, a political agent will be accredited
to Luxemburg for the purpose of watching the interests of
Germany. The Grand Ducal Government had itself ex-
pressed as wish that this step should be taken.
TILE NEW AMERICAN MINISTER.—A. Bill bag
passed the House of Representatives to allow General
Schenck £5OO a year during his residence as American
Minister in London for an amanuensis, his right hand
having been disabled by wounds received in the war. W 6
desire more especially to draw attention to this, as the
general never explains. and has often given offence by his
seeming want of courtesy. When a high official carries
his right hand across his body, with his thumb resting in
his- waistcoat, and gives his left to be shaken by the
visitor, a disagreeable impression may be given ; but the
fact, as regards General Schenck, is this :—A bullet
struck him on the wrist, and, crashing throught that in:
tricate and delicate organ, paralysed its action for the resl
of the general's life. He cannot give his right hand, an
his visitors should be made acquainted with the fact.--
The Anglo American Times.
BREAKFAST.—EFES'S COCOA.—GRATEFUL AND Co
FoRTING.—The very agreeable character of this preption 11_
rendered it a general favourita. The Civil Service Gazette.%
marks :—" By a thorough imowledge of the natural laws nal",
govern the operatio,ns of digestion and nutrition, and bY,7
careful application of the fine properties of well-selected NO,
Mr. Epps has provided our breakfast tables with a delicate2l,
flavoured beverage which nlay save us many heavy doct°;
bills." Each packet is labelled—JAWS EPPS & CO., MOO
pathic Chemists, London. Also, makers of Epps's Cacabine,
very thin Ovcnitig beverage.—Advt.

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