The Sun.
London, England, 1859-01-28 00:00:00

a wish to alter her existing will ; and. her nephew
—Mr. Valentine Corri—offered to bring her a
draft. She told him to do sa, and tb leave
blanks in it for the names of the legatee 4.
About three days afterwards she gave the draft
to the plaintiff, remarking that it was not what
she wanted, for there were names in it. She
asked him to get her a new one -with blanks,
and he accordingly went to Mr. Capriol, of Gray's-
inn-square, and instructed him to make a draft
will, appointing Patricity, Valentine, and Haydn
Corn her residuary legatees. The plaintiff ad-
mitted that the deceased had not spoken to him
on the subject of the residue, and t hat he had
had those names put in as residuary legatees,
because the parties all wanted to be in the will.
He thought that if she objecl;ed to them
she could strike their names 'out. On the
22d of April the plaintiff and the testatrix
called at Mr. Capriol's office to examine the
will. Mr. Capriol began to re:vd it over, but
when he reached a passage relating to a servant she
insisted on its omission. She also refused to let the
names of the Corris stand, because, as she said,
she had had enough of marrying a Conj. She
added that the plaintiff had been very kind to her,
and that she would therefore give him all her pro-
perty. A new will was then made in order to
carry out her wish so expressed, and on. the 22d of
April it was duly executed, Mr. Capriol's two
clerks being the attesting witnesses. The plait-
tiffs, Mr. Capriol and other persons, were examined
to show the perfect capacity of the deemed, whiok
they spoke to in positive terms ; but it was admitted
that she had latterly been in the habit of drinking
more wine and brandy than was quite decorous in
an old lady. Mr. Edwards said that this change
did not take place till after the execution of the
will. In July last she went to the Bank for the
purpose of selling out £350. He went with her,
but was told by the gentlemen there not to inter-
fere ; and they persuaded her only to take out £5O,
because they said the other £3OO would he safer in
the Bank than anywhere else.
For the defence it was contended that the habit
of drinking had been acquired previous to 1857, and
that it had increased until her intellect had com-
pletely failed her. It was, in fact, urged that sbe
had latterly been pite imbecile and incapable of
taking care of herself. In proof of this a Mrs.
Mellor, of Margate, with whom the testatrix had
been accustomed to lodge, was examined ; and she
stated that though formerly an abstemious person,
Mrs. Corn would towards the end of her life con-
sume as much as a bottle of gin in a day. She
used to soak bread in it, and likewise to drink it
neat. Other persons deposed that she could no
longer distinguish between night and day, recog-
nise persons whom she had known for years, or tell
whether she was in her own or some one else's
house. Mr. Edward Head, her medical attendant,
spoke to the gradual decay of her mental powers,
and stated that he had attended her twice for deli-
rium tremens. He had conversed with Edwards
on the subject, and Edwards said, " Why, what
can you expect when she has been 'drinking a
bottle of wine a day ?" Edwards said that she
had been drinking for months, and that that ac-
counted for her having lately spent £4O or £5O
more than usual. Her memory had never of late been
quite what it ought to have been. She often did not
recognise witness. She used to talk about throwing
herself out of the window, and witness therefore
desired a nurse to be hired, and her friends to be
collected around her, in order, if possible to tran-
quillise her. He told Mr. Capriol that he should not
like to buy her house of her, because if her friends
were dissatisfied with the bargain, they might say
he had taken advantage of her imbecile condition.
Mr. Overend and Dr. Addams having addressed
the jury,
His lordship summed up and commented on the
many singular features of the plaintiffs' case.
The jury found a verdict for the defendants.
The Court therefore pronounced against the will,
aid condemned Edwards in the costs.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Goulburn.)
IN RE LYON-QUESTION AS TO AVAILABLE ASSETS.
The bankrupt, Henry Philip Lyon, was a licensed
victualler, of Brook-street, Holborn. This was the
certificate meeting. He owes to unsecured creditors
£1,345 ; the assets, returned at £866, have yielded
only about £220. It appeared that the bankrupt
had kept a music hall and concert room, by which
he had incurred a loss of £412.
Mr. Birbey appeared for the assignees, and Mr.
Lawrance for the bankrupt.
His Honour said that the question arose in this
case, the bankrupt having come to the court on his
own petition, whether the terms in the act, " avail-
able estate," meant available to the creditors, after
deducting the costs and expenses, or available for
all purposes.
Mr. Lawrance referredto the ease of ex parte Slater
recently decided by the Lords Justices. If the
meaning of the act was that there should be £l5O
available after all expenses were paid, no trader
could ever come to the court on his own petition, as
he could not possibly tell what the expenses would
be.
His Honour was of opinion—from the analogy of
the first act by which a trader was empowered to
petition (12 and 13 Vic., cap 105) and which re-
quired him to produce assets sufficient to pay ss. in
the pound—that the true meaning of the clause was
that there should be £l5O available for creditors.
Mr. Lawrance said there were many cases where
the assets were measured, not by hundreds, but by
thousands, and yet the expenses of litigation and
other things were so enormous that they might be
reduced to a mere nullity. In the case before the
court, fixtures valued at £2OO had been sold for £lOO.
Mr. Birbey said the assignees had waited six
months before effecting the sale, and found that a
better price could not be obtained.
The Commissioner--What is the precise amount
realised in this case ?
Mr. Nicholson, the official assignee, said that £220
had been received, but out of that £52 had to be
paid for rent.
Mr. Birbey—And the assignees' costs are not yet
paid, so that there will be a mere nothing left for
the creditors.
Mr. Lawrance—On the average of cases of this
kind, the expenses amount to £lOO.
Mr. Birbey—Not so much as that—about £BO in
these publichouse cases.
The Commissioner—Unless the word "available"
meant something, why was it put into the statute ?
The point is so important that I shall not determine
it at this mcament,:as it must ultimately go before a
superior tribunal. In this case it appears there was
actually £l7O available, after paying the rent and
other charges ; but the question is how much will
be available for creditors. I am strongly of opinion
that the real meaning of the act is that there must
be £l5O available for the creditors ; but I will not
insist on that view in the present case, but will deal
with it on its general features.
Mr. Birbey submitted that this Was a case where
the bankrupt came to the court solely to get rid of
liabilities of £6,000, and having nothing to give to
his creditors.
Mr. Lawrance—But that includes the mortgage
creditors for £5,000.
The Commissioner—lt is most important at this
moment, when so many schemes of bankruptcy re-
form are afloat, that something should be done to
prevent persons coming to this court for the mere
purpose of being whitewashed, having nothing to
distribute among their creditors. There ought to
be something to secure what was called under the
old law the cessio bonorum.
Mr. Lawrance .referred to the facts of the case
before the court, and said that the bankrupt had
incurred a great loss by litigation arising out of the
re-building of his premises. The music hall had
been a losing concern, owing to the superior attrac-
tions of Weston's. Persons of the class for whom
those entertainments were provided, like those of
other classes, generally went where they could get
most for their money, whether of sight or sound.
The books in this case had been well kept ; the ac-
counts were vouched, and the case had now been
before the court for nine months.
His Honour said the bankrupt in this case made
a mach better figure than publicans usually did in
the not uncommon contests with brewers. He had
begun with a surplus of £350 ; the trading had not
been reckless, the expenditure had been moderate,
and the hooks were tolerably well kept. Ho had
brought to the court £227, and his position was
much more favourable than that of many bankrupts.
He was entitled to his certificate of the second class.
IN RE HUNT.

The bankrupt, atrunk maker, of Southampton,
applied for his certificate. Debts, £675 ; assets,
£270.
Mr. Farrar appeared for the assignees, and Mr.
Mackie for the bankrupt, who attributed his failure
in some measure to the Russian war.
His Honour granted a second class certificate.
(Before Mr. Commissioner Evans.)
IN RE WILLIAMS.

This was the examination meeting in the case of
T. Williams, describedas a dealer in wines, but who
had kept a public-house in Jermyn-street. No
accounts had been filed, but the liabilities were sup-
posed to be about £BOO. It was stated that the
bankrupt was still uncertified under a former
bankruptcy.
Mr. Wellborne, for the assignee, asked for an
adjournment sine die, which was ordered.

INSOLVENT DEBTORS COURT.
(Before Mr. Commissioner Phillips.)
IN RE THOMAS BLAKE AYSIIFORD.
This insolvent, a coach builder in Drury-lane, and
at Walham-green, was opposed by Mir. Dowse for
three creditors, and supported by Mr. Reed.
In this case (which occupied some time) the debts