The Sun.
London, England, 1859-04-12 00:00:00

LAW INTELLIGENCE.-(THIS DAY.)

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
ST) ES V. GREEN.-EXTRAORDINARY WILL CASE.
This was a suit instituted by the executoorsf
infofany,
the later
Captain William Notts, of the 83d regiment
as.
di trsputed
by for
the purpose of proving his will, which was
the defendant, his nephew, on the ground that the instru-
ment was not duly executed in conformity with the pro-
visions of the act, and that the
at
rmwe of signing
asno t of ‘‘ siotund
memory, and understanding,', the time
Dr. Deane, Q.C., was counsel for the plaintiffs, and Dr.
Addams, Q.C., for the defendant.
Dr. Deane stated the case. The circumstances connected
with the present suit were of a singular character, and not
without some features of interest as regarded the testator.
It appeared that Captain Notts
was born in 1810, and was
the son of a solicitor, who was practising. in London at that
time. His real name was Frederick Green, and in early
life he had been apprenticed to a surgeon ; but, not liking
the medical profession, or from some misunderstanding
with his master, he suddenly departed, and was not heard
of by his family for some time, when it was
ascertained that he had enlisted, and that he
had gone out to Canada with his regiment, having
taken the name of William Notts, by which he was
known up to the period of his decease. Mr. Symes, the
plaintiff, who was a surgeon, carrying on his profession in
London, but who had subsequently removed to Lewes, was
acquainted with the father and mother of the deceased, and
on the death of the former he married the latter. It ap-
peared that at the time of his death Mr. Green left three
sons, including the deceased, and a daughter, all of whom
were dead ; and the only next of kin surviving was the pre-
sent defendant, who, in the event of the will not beingproved,
would come into possession of the estate of the deceased.
In 1841 Captain Notts returned to this country and visited
the plaintiff and his mother, with whom he remained for
some time. In consequence of his good conduct, Captain
Notts, who was then a private, was presented with a com-
mission in the 83d regiment, in which he had originally
enlisted, and went out to India, the plaintiff having ad-
vanced him the amount necessary for his outfit. He re-
mained in India from 1847 till 1857, when he again re-
turned to this country, and as previously visited the plain-
tiff, whose wife, deceased's mother, had died, and who was
married again. He went to Chatham to obtain instruc-
tion in musketry practice, and remained there for some
months, occasionally visiting the plaintiff, with wheal ho
continued to be on the most friendly terms. In July,
1857, there could be no doubt that he was afflicted
with mental disease, and for a period he became incapable.
While in this state Mr. Symes, who was telegraphed for,
went to Chatham to see him, and when he recovered he
(deceased) went to his place at Lewes, accompanied by one
of the hospital orderlies, who, however, left the following
day. He remained at Lewes from the 15th of August to
the 29th of the following September, during nearly all which
time he lived with the family, and acted in every way like
a person perfectly rational. Towards the end of his visit,
however, he received the sacrament, which seemed to have
a considerable effect on his mind, he expressing his con-
viction that he had taken it unworthily, and that he had
risked his happiness hereafter. He returned to Chat-
ham,
accompanied by Mr. Symes, and when they
reached the barracks, the latter mentioned to Dr. M'Lean,
the battalion surgeon, that he had been in a very excited
state, and delivered him to his care. Sometime subse-
quently Captain Notts recovered his usual health, and on
the 3d of April he drew up a will, in which he set forth
that he was in sound mental health, and directed the whole
of his estate, after the payment of his debts, to be divided
equally between the plaintiff and a Miss Lucy Tinsley.
That will was duly executed on the Ist of October, and for-
warded by Captain Notts, with some other papers, to Mr.
Symes. On the 3d of September, he wrote two letters, one
of which was addressed to Mrs. Symes, thanking her
for her kindness to him, and he subscribed the letter,
" Your truly affectionate, Frederick." The other
was addressed to a lady named Ireland, whose acquaintance
he had formed at Mr. Symes's, enclosing her a book ; and
both letters were perfectly rational, although he expressed
his apprehension as to what would happen to him in conse-
quence of having taken the sacrament on the occasion pre-
viously alluded to. In these letters there were some mis-
takes in the spelling, and some of the sentences were not
complete, but those inaccuracies arose from defects in his
education. In the month of October, Captain Nott's health
became so bad that the battalion surgeon required a medical
board to inquire whether he was labouring under mental
disease. The board, having made the inquiry, found
that he was 44 47 years of age, had been in the
regiment 30 years ; that prior to last June his health
Was good, but subsequently he exhibited great eccentricity
both in speech and writing, and on certain occasions it was
found necessary to restrain him from throwing himself out
of the 'window ; that he was not in a sound state of mind,
and was incapable of taking care of himself. He was then
Placed in confinement in Fort Pitt, at Chatham, but was
shortly afterwards removed to a lunatic asylum at Henly,
Warwickshire, where he died in September, 1858.
...With respect to Miss Tinsley, to whom he had left
nail of his estate, it appeared that he had known
her in early life, and it was arranged between
them that they should be married as soon as he
Obtained his commission, but on his return from India
hie mind changed, and the marriage was broken off. How-
ever, they continued on good terms, and he wrote her a
letter in which he expressed a hope that they should be
good friends during their lifetime. The learned counsel
concluded by citing a number of cases bearing on the ques-
tion, relative to testaments executed during lucid intervals
by persons who had been afflicted with insanity.
Several witnesses were examined on behalf of the plain-
WY) and the case was not concluded when we went to press.

POLICE INTELLIGENCE.-(THIS DAY.)

BOW-STREET.
'UNLAWFULLY SELLING COMMISSIONS IN THE ARMY.
Edward Mortimer, described as of 2, Russell-court, St.
Lames's, and Thomas Robert Marshall, military tailor, of
''' jerre3'll-street, Si. James's, were again in attendance,
charged with " unlawfully conspiring to bargain for the
sale of a certain commission in the army."
Mr' Bodkin conducted the prosecution on behalf of the
Waroffice; Mr. Ribton attended for Mortimer; and Mr.
Metcalfe for the other defendant, Marshall.
It will be recollected that the defendants were first
charged with the offence on Wednesday week, when,
after the evidence of a witness named Pugh had been
received, the case was adjourned until this morning, in
ewer that Mr. Coningham and Mr. Bridson, the former
Person for whom the commission in the 13th Light
h infamtrY—
was to be
procured, and the latter gentleman, who
be ad hes, • la communication with Armstrong and Co., might
in attendance.
Mr. Henry Bridson said—l am a merchant, residing near
Bolton-le-Moors. I have a brother-in-law named Con-
inghara• He is now an ensign in the 13th Light Infantry,
stationed at Fermoy, in Ireland. I was desirous, in April
and ‘ i
May
",,,
" Year, to tobtain a commission for him, and,
amongst other persons applied to, I had a conversation with
with a person named Pugh. I afterwards had communication*
28tht hi
h m both verbally and in writing. After that, on the
shall'
f M ay, I received a letter from the defendant Mar-
the subject' nowt,
of educed.Pl' I afterwards saw Mr. Marshall on
The letterhe communication.
was
here read by. Mr.--Betrnaby, the chief
clerk, and was
would be to the effect that Mr. Coningham
of X4OO. gazetted as a lieutenant on the lodgment
The letter was also accompanied by the following,
which was directed to be rewritten and sent back :
To his Royal Highness the Duke of Cambridge,
Believing that your
Commander-in-Chief.
services of officers I Venture to
recognises the
behalf of • Venture to solicit a favour on
I,7o9h,moinses
commissions, that
a Young relative of mine, Mr. Cunningham,
•thgratahndi:antalitner
baendi two brothe7 have _
held
p aced on the list of candi
d te for commissions with
to ask so great a f without purchase. I should hesitate
existence to jus •
tifralTur, were there not strong claims in
Madras Native InTaiii ' Hisc father commanded the 24th
father and great -granltlailler died in; the service ; his grand
hope that you will extend
aso died in the service. In
my young relative, who will your gracious patronage to
beg to subscribe myself. not prove unworthy of it, I
On the 14th of June I forwarded a
mil!' of the draft letter
to his Royal Highness the Comm defendant, Marshall, and on the 30th of June' thel
believe,
again wrote to him on the subject From this period I was
ill communication with Marshall and Pugh. On the sth
0 July I arrived in town. I sta ed i
the Bth I called on Mr. Marshall J n Cork-street. On
liermyn-street. I had
never seen Mr. Marshall before. glad to see tee in town. 1 ilarshall said he was
came abont vats Ile. Co • told him the business that I
would wait a few minutes n Ingham's commission. He said if I
Messrs. Armatrotgdhe would send down to the office
men to come up etattd Company for one of the gentle -
three-quarters of au holi:ee roe- I waited for about
being able to remain any,lat the end of which time, not
dence. onger, I returned to my resi-
Mr. Henry—Did remy where his nee—
.
Witness—l can'tmber. ' was ?
By Mr. Bodkin—l believe
I heard the Mortimer mentioned. Ii eft M
hen I I e name of Captain
arshall
my residence in Cork- street, and theme / . returned to
been left. I have not the card
now
iiirortuind a card had
Shortly afterwards a person came to inn. C l''''sfess,,,,i'll•
now the person who called. It is not the CaptainVue.,.,77
mer now in court. I believe it must have been. the --,--4,'"-
dant Eicke. He said his name was Armstrong. ifeeb.eu-
duced the letter to the Duke of Cambridge. some slight
alteration was made, and he then requested I would re-
write it. I did so, and afterwards sent it to Arnasrom,
and Co. I sent it on the 19th of July, by the porter of t 1;;
hotel at which I was staying. I also enclosed the certifi-
cate of Mr. Bridson.
Mr. Metcalf and Mr. Ribton objected to the letters being
read, unless it could be more clearly shown that the defen-
dants were connected with them.
Mr. Bodkin—Very well, call the constable.

Sergeant Williamson, of the detective force, said—l
found a bag, containing letters and papers belonging to the
defendants, at Woburn-chambers, the offices of Armstrong
and Co. I handed them over to llr, Humphries, the
solicitor.

By Mr. Ribton—l had no search warrant. There were
a great many names on the door of the chambers, Capt.