The Sun.
London, England, 1841-04-14 00:00:00

NCE

PRIVY COUNCIL, APRIL 13.
WOOD AND OTHERS V. GOODLAKE AND OTHERS.
The arguments in this case were resumed yesterday.
The SOLICITOR-GENERAL stated that he had determined
since yesterday not to trouble their Lordships with any
observations, but to leave the case with their Lordships,
and in the bands of his Learned Friend, Sir William
Follett. He was fully convinced that their Lordships,
acting upon true principles of law, would reverse the de-
cision of the Court below. As the case now stood upon
the evidence, those for whom he appeared were entitled to
ask of their Lordships to make every presumption the
case would admit of in favour of the legatees.
Sir W. FOLLETT appeared, with his Learned Friend tho
Solicitor-General, in favour of the parties who claimed
under the codicil. He should confine his arguments chiefly
with regard to the codicil, and with respect to that he
submitted, that under the circumstances in which it had
been propounded for proof it ought to have been admitted.
The question fur their Lordships was, whether the Learned
Judge below had correctly laid down the rule of law ? if
be had, then he admitted that there would be some diffi-
culty in establishing the codicil; but he submitted that
the principle laid down by that Learned Judge was
against the principles of the Ecclesiastical Court. The
Learned Judge in his judgment had laid it down as a
strict rule of law that the evidence of handwiiting
alone was not sufficient to prove a codicil unless there was
some direct recognition with the deceased. Now that he
would venture to say was not the law of the Eccle,i-
aatical Court, or that of any other Court in this c suntry.
The Learned Judge below was satisfied that the
codicil was executed by the deceased, but he con-
sidered himself bound by an unbending rule of law
to decide against it. The Learced Counsel then
proceeded to cite several cases, for the purpose of
showing that it had been the practice of the Eccle-
siastical Court to receive evidence of handwriting to a
will or codicil. Among the cases referred to were Con-
stable and Styles, and Clix and Walpole, in which it was
laid down that the Ecclesiastical Court acted upon the
same principle in the proof of wills that the
other Courts of the country did. The Learned Counsel
then cited the case of Rutherford v. Maule, vol.
4 Hazgart's Reports. In the case of Marriott
v. Marriott, Ist Curtis, Sir Herbert Jenner had laid down
the rule that evidence of hand-writing alone, however strong,
was not sufficient toestablish the genuineness of a document.
He submitted that this rule was not founded in sound
reason, and could not be supposed to stand. The Learned
Counsel then proceeded to comment at great length upon
the conduct of the executors with respect to the codicil.
Had they suspected that the document was not
genuine, they would, when it was first produced,
have denounced it with indignation as a forgery.
Although it was produced under circumstances
which went to impute to them conduct the most
abominable and fraudulent, they received it as a genuine
document, and continued to treat it as such for a con-
siderable time. It was not till they discovered that it
could only be genuine upon the supposition that they had
been guilty of fraud that they attempted to deny its va-
lidity. The Learned Counsel then referred to the
allegations and answers in the former proceedings,
for the purpose of showing that the executors were
in the first instance aware of the codicil and of tLe
pencil writing which accompanied it. No evidence could
be stronger than the conduct of these parties in not deny-
ing the authority of the document until they found that it
involved their own character. Had there been anything
suspicious in the document they had every motive
for impugning it. The Learned Counsel then referred
at great length to the evidence called on the part of
the executers and the cross-examination on behalf of the
legatees. In the course of his observations upon the evi-
dence, the Learned Counsel said—lt was a singular cir-
cumstance that in examining Mr. Hitch, who was very
little acquainted with the deceased, they had produced to
him the codicil, whilst in examining Mr. Hearn they had
studiously abstained from doing so. Mr. Colthurst, the
Mayer of Gloucester, said that had he seen the
codicil amongst the other papers of the deeeased he
would never have doubted that it was the handwriting of
the deceased. On the part of the legatees twenty-five
witnesses bad been examined, the greater part of whom
were beyond all suspicion, and totally unconnected
with any of the parties. They were persons in the
habit of daily communication with him, and who
had the fullest opportunity of becoming acquainted
with his handwriting. All of these witnesses deposed,
without hesitation, to their belief, that this was the hand-
writing of the deceased. The Learned Counsel was oc-
cupied in reading and commenting upon the evidence, with
respect to the signature to the codicil, until the rising o
the Court, at four o'clock.

COURT OF BANKRUPTCY, APRIL 13.
IN THE MATTER OF COLEMAN.
The bankrupt carried on business as an Innkeeper in
St. Alban's, and was well known as a trainer of horses
for several leading characters connected with the turf.
The present state of the balance sheet showed his liabili-
ties as 3,6501. Is. and debts 6,1791. Os. 3d., while his
available assets and debts owing to the estate were 2,2921.
03. 3d. A further sum of 161. appeared for the bank-
rupt's personal property, much of his stock, furniture, &c.
having been seized under an execution, which the &W.
citor to the fiat said he thought could yet be made avail-
able to the general creditors.
This morning being appointed for the final examination,
several of the creditors appeared in person or by their legal
advisers, and expressed their satisfaction at the bankrupt's
general conduct, and a wish not to afford any unnecessary
or vexatious opposition.
Sir F. WILLIAMS (the Lord Commissioner), expressed
his approbation of the course the creditors pursued.
He thought this was a case in which a dividend of 20s.
in the pound could be given to them if the accounts
were fairly investigated, and the creditors pulled together.
In order to afford ample time and opportunity to effect this,
he should adjourn the further examination until this day
fortnight, on which day there would be a private exami-
)
nation at eleven o'clock in his chambers, and the usual
public investigation to be held in Court at twelve o'clock.