The Sun.
London, England, 1857-01-23 00:00:00

the proper path.

On Monday evening there was a numerous at-
tendance of members to receive the Report of the
Committee appointed to consider the Testamentary
Bills of last Session. There could scarcely be
conceived a more interesting subject. The pre-
sent system has been unanimously and unequivo-
cally condemned by all disinterested and unpre-
judiced persons. The only wonder is that the
" Augean stables" should so long have remained
uncleansed—that a small clique should so long
have succeeded, not in hoodwinking the people,
for the evils have been patent and notorious, but
in evading the improvements that have from time
to time been suggested. Their mischievous ac-
tivity, unscrupulous cunning, and complete orga-
nisation, however, compensated for the paucity
of their numbers. They were thus enabled to
postpone the day of retribution, and to foil, if
they could not entirely shake off, their less dis-
ciplined opponents. This Fabian policy has,
however, had a double operation. Although it,
prevented the much-required ameliorations for
the time, it has rendered the long-concentrated
vengeance more signal, and insured the total de-
struction of the incorrigible monster. All patties
—her MAJESTY'S Government, her MAJESTY'S
Opposition, and the independent Members, ad-
mirably represented by the Attorney-General, Sir
FITZROY KELLY, and Mr. R. P. COLLIER--concur
in the opinion that " no effectual scheme of Law
Reform, as applicable to wills and intesta-
cies, could be carried out, except by
depriving the Ecclesiastical Courts of all
jurisdiction in matters testamentary, by ignoring
the doctrine of bona notabilia, and by breaking
down the monopoly of the doctors and proctors."
And this wise and salutary conclusion has received
the decided approval of the community at large,
with the insignificant exception of the above-
mentioned clique.
The promoters of the several bills, while agree-
ing that the same rule should be applicable to
real and personal property, and that, in certain
cases, there should be local administration, differed
materially in the details. The Attorney-General
and Sir FITZROY KELLY proposed the creation of
an entirely new court, which the former wished
to be one of Equity, or, in other words, a branch
of the Court of Chancery; the latter, one of
Common Law—while Mr. COLLIER would transfer
the business to existing tribunals—the Superior
Courts of Westminster or the County Courts,
according to the amount of property to be dealt
with. The Attorney-General and Sir F. KELLY
would also confer the entire testamentary juris-
diction on the new court, so that it should not
only confer probates and letters of administration,
but should also construe the terms of all wills,
adjudicate on the rights of legatees, and adminis-
ter the estates of deceased persons.
The Committee examine these various plans in
detail, a*d while they point out objections to each
scheme, they bring forward one of their own,
partly original, and partly taken from the propo-
sitions of the Hon. and Learned Gentleman. This
has been embodied in a series of 39 articles, or re-
solutions, moved by Mr. PITT TA.YLOR, which, with
the Report, will be taken into consideration on
the 9th of February. The reasons on which those
changes are advocated are very fully and clearly
set forth in the Report ; but we confess that,
although agreeing in many respects with the
Society, we cannot adopt all their views. They
are, however, well worthy of mature and attentive
consideration. Many of them may be resorted to
with great advantage, while others are more
doubtful, and should certainly not be hastily or
recklessly carried into operation.
The chief point is as to the construction of the
new court, for the
Committee totally dissent, and
on adequate grounds, from Mr. COLLIER'S sugges-
tion for transferring the jurisdiction to' the Supe-
appointment of a
rior Courts of Common Law. They ,desire the
separate jurisdictio u, which
should consist of three Judges—one froLa each of
the superior courts—who should still continue
members of their original courts, and when not
sitting as a Court of Probate transact business as
ordinary Coin mon Law Judges.
For this duty they
should receive no additional salary—the remain-
ing Judges making the arrangements rendered
necessary by their absence while engaged in testa-
mentary business. This would effect a saving of
some 5,600/.
Per annum. But, however desirable it
maybe to practise economy, such a sum is a matter
of comparatively trivial importance when the vast
and complicated interests at stake are taken into
consideration. The proposed plan would be
subject to this serious objection, that the Court
should necessarily be closed while the different
Judges were on Circuit as well as during the
vacations that are indispensable, for " all work
and no play" would soon make even the Judicial
Jacks dull boys. The Court would thus be
necessarily closed nearly half the year, during