The Sun.
London, England, 1861-07-05 00:00:00

L ATV 111' TELLIGENCE.-July 4.

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
JONES Y. THE QUEEN'S PROCTOR—AN ABERDEEN
" DOCTOR "—EXTRAORDINARY CASE.
This was a suit to establish the will of the late
Mrs. Sophia Bellis, otherwise Capell, which was
propounded by the universal legatee, Dr. Griffith
Jones, of 43, Woburn-place, Russell- square, and
resisted by the Queen's Proctor (the testatrix being
a bastard and leaving no issue), on the ground of
undue execution, undue influence and want of tes-
tamentary capacity. The property was stated to
be worth some £3,000 or £4,000.
Mr. Digby Seymour, Q.C. (who was this morn-
ing called within the bar) and Mr. Phillips ap-
peared for the plaintiff; Sir J. D. Harding (Queen's
Advocate), Mr. Macaulay, Q.C. and Dr. Spinks,
for the Crown ; Mr. Dunphy for a connexion of the
deceased, named Sharpe.
Mr. David Griffith Jones, the plaintiff, said—l
am a doctor of medicine, of Aberdeen, and a mem-
ber of the Royal College of Surgeons. 1 practise
homoeopathy. I have been acquainted with Mrs.
Bellis for several years, In the year 1857 she paid
me a visit at a country house I had at Colebrook,
near Windsor. She supposed that she came as a
guest, and she stayed for a fortnight. My wife took
upon herself to send her an account for her board;
bat I never received any payment for it. My wife
and the testatrix were not friendly for some time
in consequence of the misunderstanding. I con-
tinued to see her frequently, On tho 11th of
February last, in consequence of a letter I received,
I sent my I:cite to her at 31, Fitzroy-square. In
the evening I went myself; and was shown into a
room where Mrs. Bellis Was. Mrs. Calvert, the
landlady, said to me iu her presence and hearing,
" You really must remove her." Then in a lower
tone she added—" I really could not allow her to
die in this house. Mrs. Bellis then told Mrs. Cal-
vert to leave the room, as she had private business
to transact with me. When she was gone Mrs.
Bellis said, " God bless you, my dear doctor, how
are you ?" Then she told me that two doctors had
given her um that she had net a friend in the world,
nor any person to lean upon in her dying moments.
I replied, " Surely a lady at your age (about 75)
must have some friends in the world ?" She said,
Na, doctor, not a friend ; all that I have known
have robbed and swindled me." Then she told me
that she would be very glad to see my wife, and
went on to say, " Now, doctor, as a Christian and a
friend, will you take compassion on me and remove
me from this house ? I really cannot die here. I
have asked several persons to get me apartments—
even Mr. Gardner, my agent; but here I am." I
said, " I really don't think I can remove you ; you
seem to be in such a feeble state." She replied,
" Then you are going to desert me, like the rest ?
j,
I was rather afraid that your wife might obect
but I could not believe that you would, doctor—.
you must remove me." Then she became angry,
and taking hold of any hands, said she 'would not let
me go until I promi,ed to remove her, again repeat.
ing that she had no relations or friends. I examined
her, and told her that I could not remove her
that day, but that if she improved I would.
She said, " Never mind, doctor, if I die on the way.
I should have no objection to die in your carriage."
In the course of the conversation she told me that
her name was not Capell as I had supposed, but
Bellis, and described to me ber property, adding,
" I shall leave you everything I have, and you
, na
must make my will at once.' I said, "Nay y,
cant't make your will, but I will send for your soli-
citor." She replied, Don't talk to me about soli-
citors, for I hate the very name of them." I re-
peated that I could not make her will. She said,
" Don't you know a lawyer ?" I said I did, but I
should prefer one of her own choice, and I left
after making a memorandum at her request, of her
property. 1 saw her again the same evening and
the next morning. Fonnd that she had a bad
night, and told her that she could not possibly be
removed that day. She acquiesced in that, but
still desired to be removed as soon as possible.
Subsequently I went at her request and fetched my
solicitor, Mr. Fitch, of Bloomsbury, but when he
came she said, " I don't feel disposed at present, I
feel rather weak." We then went away. Before
I left she told me to look in a drawer for a watch
and chain. I gave them to her and she said, "This
watch belonged to my dear son Frank ; keep it as
long as you live, for my sake." I felt some delicacy
in doing so, and rang the bell for Mrs. Calvert.
When she came I told her that Mrs. Capell was