The Sun.
London, England, 1861-05-15 00:00:00

COURT OF PROBATE AND DIVORCE.

(Before Sir C. Cresswell and a Common Jury.)
This was a suit instituted to test the validity of
a will al eged to have been executed by Charles
Crowther, who had been a waiter at the Shake-
speare's Head Tavern, Lower Eaton-street, Pimlico.
The instrument was propounded by Emma
Crowther, the wife, and disputed by Charles
Crowther, the testator's son by a former marriage,
who pleaded that it was not his father's will—that
he had not signed it, and that it was not executed
in conformity with the provisions of the Wills Act.
Mr. Collier, Q.C., and Dr. Spinks were counsel
for the plaintiff, and Dr. Phillimore, Q.C., and Dr.
Tristram, for the defendant.
In support of the defendant's case, it appeared
from the statement of counsel that she married the
testator in 1837, he being at the time a widower
with six children, who lived with them until they
grew up and were able to provide for themselves.
The testator was much attached to his wife, and in
1E357, having become ill, he determined to make a will
bequeathing her the whole of his property, consisting
of £ll3 in money and household furniture. On
the 14th of November in that year he carried out
this intentior, and signed the will in question,
which was in a printed form, and which was at-
tested by a Mrs. Jennings, an acquaintance of the
parties, and a female servant. The testator then
delivered the will to his wife, in whose possession
it remained until his death, which took place on
the 29th Nov., 1860.
Emma Crowther stated that she was the defend-
ant in this suit, and married the testator in Mat,
1837. They lived together at No. 1, St. Michael's-
terrace, St. George's-road, Pimlico. Her husband
had three sons and three daughters at the time of
their marriage, and one of the former was dead.
The others were in a position to provide for them-
selves, and she supported herself by letting lodg-
ings. In the November of 1857 her husband was
taken ill, and desired her to purchase' a printed
form of will, which she then did. He then filled it
up, and it was duly signed and attested.
In cross-examination she said that her husband
was ill about a fortnight before his death, but she
did not inform the plaintiff, it being her husband's
wish that she should not do so.

James John Winter, waiter at the Shakespeare's
Head, Pimlico, said that he was acquainted with
the testator for several years, and that some time
before his death he told him that he had left all his
property to his wife,as his daughters were married,
and his sons, who were able to do for themselves,
had got enough of money from him previously.
The attesting witnesses deposed to the execution
of t. e will, and to the testator being in perfectly,
sound mind at the time, which closed the defend-
ant's case.

On the other side the following.evidence was ad-
duced

Charles Crowther, the plaintiff, said that he was
employed by the South-Eastern Railway Company
at Canterbury. He was in the habit of seeing his
father before his death, and was on good terms with
him. He received the information of his father's
death through an anonymous letter. He was in
his father's debt about £2O. It might have been
seven, eight, or nine years since he was at his
father's private residence, but he saw him fre-
quently at, the Shakespeare's Head, and was very
friendly with him. He did not go to his father's
house because he and his stepmother were' not on
good terms. Their differences commenced on the
very day of the marriage. (Laughter,) He and
his brothers had been accustomed to be waited on
at meals by a servant, and on the day of the mar-
riage his stepmother objected to supplying her
place, saying that she was "not going to tend a lot
of kids," (Laughter.) Neither the signature to
the attesting clause nor the writing in the body of
the will were in his father's handwriting. He be-
lieved they were written by hiS stepmother.
Mr. H. Crowther, brother to the last witness,
also denied that the writing was his father's, and
said that ho had received money from his father to
the amount of £25. He could not form any opinion
as to whose handwriting his father's signature to
the will was written in. The last time he saw him
write was in 1856. He lived on very good terms
with his stepmother. She was a good wife, and
his father was very fond of her.
Charles Moore, Quartermaster of the Westmin-
ster Rifle Corps, said he was acquainted with the
testator, and had seen him write. He believed no
part of the Trlit tignawrit;na
Some other evidence to the same effect was ad-
duced, but the jury found for the defendant, and
the Court decreed probate of the will, condemning
the plaintiff in costs.