The Sun.
London, England, 1812-02-27 00:00:00

EVANS V. RIDLEY.

. This was a question arising on the validity of :he
will of Mr. Thomas Ridley, of Tothill-street, West-
minster, who died in the month of May-, 1810.
The will was supported on the part of Mr. John
Evans, the sole Executor named in it ; and op-
posed by Mr. Wm. Ridley, the testator's son, who
W:,s disinherited by it.
The complete execution of the will was proved
by the subscribing witnesses; and a variety of other
evidence was adduced to-prove the testator's regard
to Mr. Evans, who was the person principally be-
netitted, and bus dislike of his son ; as also to r4..el
the allegations made on his part, which, it was
contended, was fully done ; and the execution of
the will therefore not being impeached upon good
grounds, the Court must pronounce for its validity.
On the part of the son, several witnesses were
produced to prove his father's affection for him ;
that his (the testator's) intellects were considerably

disordered by the immoderate use of spirituous li-
quors, and continued so till his death; that he was
- dozing, and nearly in a state of insensibility, occa-
sioned by drunkenness at the time of making his
will ; and that he was deceived into the commis-
sion of that ad, and afterwards prevented from al-
tering it, by the artifices of Mr. Evans. These cir-
cumstances, it was contended, the evidence fully
established ; and the will, therefore, not being pro-
perly supported, must be pronounced invalid.

The admission of this arrogation was olijeaed to;
on the ground, that such a change in the circum-
stances of a testator, as his marriage, and the birth
of A child, had always, by an absolute presumption
of law, been held to be a !evocation of any ante-
cedent testamentary, ad.
To this it was replied, that the revocation wat
not an absolute,, but a presumptive one ; that thas
presumption is always open to: investigation, and
may therefore be repelled by another; and th.it,
as that was the
,object of the present allegation, it
was certainly admissible to proof.
A long argumept took place upon this point,
founded upon a variety of decisions of the Courts of
Common and Civil L.i w, the principles of which
were eloquently enforced on both sides.
Sir JouN Nicacke. however, said, he should
defer the judgment of the Cana upon this queStion
of law, till the final hearing of the Cause ; and in
the mean time should admit the allegation to proof,
on the ground that the circumsances stated in it
might tend to elucidate that-point.
S r JOHN Niunoee recapitulated the evidence,
front which he thought it was apparent, that there
was no elandestinity in theAransadion of the will,
andthat the execution of it being detailed by wit-
nesses whose evidence was perfectly .unitnpeached,
must be considered as fully proved; the only ground
of opposition, then, was, that of the capacity of the
testator being affected by drunkenness; but from
the general state of the evidence upon this point, he
thought, that when sober; there was no appearance
of a derangement of his intelleds. Upon the whole
of the evidence therefore, the Court did not think
itself warranted in intertaininda doubt of the au-
thenticity of the will, which. was therefore pro-
, nounced -valid ; but in. consideration of the peculiar
situation of the son in opposing it, unaccompanied
by a decree for costs.