The Sun.
London, England, 1850-12-02 00:00:00

4,4
'tip 4 Mr
4

QUEEN'S BENCH.—(THIS DAY.)
(Sittings at Ni6i Prins, at testminster, before' Lord
CAMPBELL and a Special Jury.)
DRYDEN V. FRYER.

This was an action to try the validity of a will made
by the late Sir Gregory Pdge Tarter, and the question
of his competency to make a testamentary document.
Mr. Montague Chambers, Q.C,, Mr. Peacock, QC.,
nether Learned Gentleman were counsel for the
'plaintiff; and the defendant was represented by a per-
fect legal phalanx, consisting of the Solicitor-General,
eFir Fredrriek Tiesinnts Sir Fitzroy Kelly, and Mr.
-Barstow. •
Mr. MONTAGUE CHAMBERS opened the plaintiff's case,
the particulars-of which will be collected from the evi-
dence given below. •
Mrs. Elizs. Chumley, examined by Mr. PEACOCK, de-
posed that she was tho widow of the late Sir Gregory
Page Turner. She had since_ married again. Was
married in 1818 to the testator, and had been ac-
quainted with him since he was seventeen years of age.
When witness married him he was in a very good state-
,of mind, though he was an eccentric man. Witness had.
-only one surviving daughter by him. She was born in
-1820. Under the commission of lunacy witness was
appointed one of the committee of her husband's person,
• and a Mr. Dryden was another. In 1838 her daughter.
-was married te the Rev. Mr. Fryer, who had engaged
.. to settle twenty thousand pounce; upon her. Mr. Ma-
- Lade) lied at first been e mployed as solicitor, to sea the.
settlements properly executed. Mr. Fryer wished to
substitute somelother property instead of moneysto which
witness objected. Her daughter said she would marry
• on a particular day, and witness allowed her so do so. Mr.
- Fryer took witness and her daughter to a hir. Barney,
a solicitor, on the 19th August, her daughter being mar-
ried on the 22d.• • -Mr:-Barney prepared some articles,
dated .21st August,-18.38 (produced). Witness's bus-
_ band's scat was Battlesden House, in, Bedfordshire. Mr.
Fryer furnished it and went to reside there. Sir Gre-
gory Page Turner was displeased at their going there.
' Mr. Maberley wrote to them, andiMr. Fryer and his wife
-left the holm. After the commission in 1823 two keep-
` era were appointed to reside with witness's husband, and
-'witness ceased to reside with him. Her husband soon
after went to reside in the Alpha-road. His mind began
•to improve in 1840. Witness went hack to live with him
on the 7th May in that-, year, and continued to do so
untilehindeath in 1843. His mind appeared to improve,
and he talked rationally with her. Both keepers were
rqmov,eci.on the 12th February, 1841, all restraint having
been taken away on •the 6th February. In November,
1840, Sir Gregory dictated a paper to witness (produced).
He afterwards et-ad it over. (The paper purported-
to he a nietnorduadurn dra will which. Sir Gregory, the
fr- testator, intend to malts.) On her marriage witness had a-
' jointure settled on her of 2,0001. On the 23d February,
1841, her daughter came to visit ber father and witness.
-eflir Gregory instructed his daughter what to say when
she appeared before' the Master of the Rolls, with
~.respect to her waning settlements. She said she
41Vonld not go. against the wishes of her husband. In
_ 1.842 ;Sir Gregory had ateevere epileptic fit. He had had
a fit on the 9th May, 1841, and then he had one about
once a month. But after May, 1342, ho was subject to
more violent fits. After that time Rook, one of the
`:!lheepens, came back. In June, 1841, witness's husband
' told her to write to her daughter' saying that he should
• be at all times happy to see her, but that he and witness
' decline& ',Filling Mr. Fryer until his marriage
4-settlements were satisfactorily arranged. Witness
wrote the proposed letter. Oa the 21st of July,
1841,- witness and her husband removed to
Montagu-square,: and in the following January they
sweat r.o live at 104, Gioucesteieplace, Pertmen-square.
, her bushaml had told her he had made his will, in which
he had taken care e£ his daughter. He kept hid bedroom
from October 22d, 1842. Witness thought her husband
was quite capable of performing a rational act on the
• 15th Jane, 1841. He was in the habit of talking ran
• Penally.
• Cress-examined by the SOLICITOR-GENERAL--Witness
e was married again in August, 1844, to Mr. Chumloy,
~who is the son of a surgeon in Nottingham-place.
:Witness continued to live with Sir Gregory till within a
few months of the commission. Ile was in great pe-
cuniary difficulties before the issuing of the commission,
in 1823. Witness, did not live with him afterwards till
the 7th May, 1840. Constantly saw hies during
the intervening time. Witness lived with Mr.
and Mrs. Fryer after their marriage. Went
withilthem into Battlesdec, and lived with them there.
Sir Gregory had considerable estates in Bedfordshire,
• Oxfordshire, and Kent, besides a little property in Lon-
don. Witness went from Battlesden to London. Before
witness went to her husband she hail had a quarrel with
Mr. Fryer about the marriage settlements. When she
went to her husband she was on good terms with Mr.
-.Fryer. The house in the Alpha-road belonged to one
Holmes. Did not know that Holmes was a professed
lunatic-keeper. Rook afterwards took the house when
Holmes left it. One William Paxton was sent for in
. 1841; be had been the steward of Sir Gregory's estates
. in Bedfordshire, and Sir Gregory was much attached to
ihim. When witness went to live with Sir Gregory "he
had lost his fancies." Witness was not present at the
trial at Bedford. Sir Gregory had a peculiarity of not
liking to shake hands with people. In 1850, however, he
shook hands with any one he liked. He shook hands
with the plaintiff and his sister in 1841; witness bad no
doubt of that, but she could not remember. Witnes
employed a lady named Neale as her amanuensis. Sir
Gregory did not sleep in his clothes in 1840; nor did he
pick up pieces of paper to be taken care of. Had not
heard him say that he would bring an action against the
Lord Chancellor for continuing the commission. Witness
was trying to get the commission superseded in 1840.
Did not tell him he must leave off doing certain things
before strangers. Sir Gregory was remarkably fond of his
daughter. Witness stayed with Sir Gregory at his own
request. His features became drawn together ono day
whilst he was in witness's room, which tested for about
a day. His speech was affected in consequeece. The
next day, however, he was as well as ever. Did not
remember what salary she paid to Rook. Rook left
in February, 1841, and returned in October. Rook
was not in the • habit of watching her hus-
band during; the ' interval. Witness did not
employ him to watch. him. The restraint was re-
moved to try how Sir Gregory would conduct himself,
and he behaved himself so well that witness had nodoubt
the commission was in the course of being superseded.
'"• • Witness had very little conitmnication with Mr. Ma-
berley respecting thenernoral of the commission. About
. 1841 an application, was made to the Court of. Chancery
to increase the allorsance. Went upon an excursion into
Bedfordshire in 1841; the parry consisted of Sir Grt-
. gory, witness, Wm. Penton, Mrs. Neale the amanuensis,
King the coachman, and Sutton, who was a hairdresser,
but acted as a valet.. Sutton shaved Sir Gregory, who
did not attendao his personal appearance at all; he wore •
very ehibroy; but e she could not say greasy clothes.
He spotted his cloths with greasy in eating;
he war,. howteiten very • clean in the 'matter
of his linen. ,Totea Adana and witness's maid
also wont with the party. Sir Gregory and witness tra-
velled in- a carriene and f.ur of course." They went
to Luton, in 1t es, and put up at an inn there.
Sir Gregory had .a fit there, but it was not a bad one, and
he was better in the eyening. When a fit was upon him
he made a noise, hisSceurneaanco was extremely dis-
torted, and perhaps fie might toara at the mouth. From
Litton they went, inter Cambridgeshire, thence to Lon-
, don. Sir Gregory there went to Brighten, but witness
. _did not accompanyahim. Whirs. Graves went, as did
also Sutton; Martin King, the page, a maid, and'
Wm. Paxton. They,went to Brighton on the 18th Octo-
ber, 1841, anti-returned on the 31 November. When Sir
GregoiY returned ft?' Louden. Rook came to sleep
t in the honed, wl*lt'iivas in .Mktedennt'inardth They
• itfterwariti'leiT the hdtihe -abrnptlyn 'end they
had to paylthr leaving it so ;suddenly. Sir Grektory did
nt.; le'aveMotatattett-nquare bentatise he fancied the house
'was hdeit ttdby farer onetzpier; Sir William Bloom-'
'• ' field. Witness dYd hear a fia!iih-story about a ghost,
bat it tavt: affecte'd her.----(Tmeghten) In the autumn
.„ eof IS4 i the fie; n -edited gteat, noel morn freceatnt and
viola' Thointitahid a tendency to impair 'his naiad.
, 4iiketredory had some -tescked-ineney allowed him, which
.was given aim Meherly at one time and .witness
eat another. Witncsa certainly Old nonallow him a little
, packet-money "..to. please his Shiley;" that was certainly
no expression of hers. (Shown adacument signed by her
• in which the ett'preseion occurred of her heanieg let Sir
• '' Gtregary have a little Packet menet/ to please hie fancy.)
. That paper was 'sigtird by
.her; • She perhaps allowed
hint lot at a time; wee. cert4' she allowed him more
than a sovereigia at a time. fildc had pocket money when
19' he wanied - Witness gave ten suite of old clothes bo-
l' • lenginn tQ Sir Gienory t 0 an phi -errant of hers.
s .woman,-errant
They wore in very good condition. Did not give them
to a servant who aftereardsdeoldthe-ch for 10s. Witness
thonght She had.gieen a bond to indemnify the plaintiff
-1
• the present Action, in vthich she had engaged to free
•
their from loss. She supposed she did that soon after
_ the Chancery proceedings were instituted. It was not
.• after, but before . her. .second ,marriage that she did
s - that ; it was after Sir. Gregory's death. Was
quite 'a consenting . party to the marriage of her
• aughter with Mr. Fryer; Mr. Fryer agreed to
settle 20,0001. upon his wife, laii he afterwards
in substituteproposed
other property for that sum, to whichwit-
ness objected. tan af-eid'heh
that her daughter
duld marry g 4.'
'rest.
W.t CM re tilsMents, witness consented to
.the marriage, for her daughter came shed ter into the
room one day' and Said " Baden:lent or no shed
I
shall be married."—(A laugh.) Mr. Dryden who was
. named with witness as a committee of her husband was
first cousin to Sir Shregory. Sir Gregory told Witness
he seen after he made it, and that he:
he had made his
had taken care of his daughter.
.Re-examiued by Mr. PEACOCK—Did not knew the
rentals of her late husband's 41:Altos. Sir Gregury
would shako hands with people he liked, but refused to
do to With people whom he did not ;the. Slept in the
• seme forum with her 'husband on the 14th June, 1841, at
Belvictere, on which-occasion he was ill from intoxica-
tion. He awoke !he next morning perfectly well. Could
not Sae; whoa she "first explattecl Rock on account of
the fits. .

The witness retired, haviag been about an e bours
untipr examination.;

Mr.. Joseph .Maberloy cailed and examined by Mr.
NEIt Ficx&RDF. He said-4 Ern a solicitor of many years
vi ;3 ing..i an4:lltiy fatile-r AVP 1)Pf,.41 soliitors to Uit ris t's
`` itaf 'and _ '.4lr:Orp•vory Pagn'forattitnd biivfather
.e re hif:i'kt ,
orSit Gregory
-ffr.3.k'#:4l4ef, T

.i' into no, ~E.,,,,0n o : ,;. ij ~
2:S. ,4eri ;:qtir. \''4'. 7;l'. '. .'
all : , (113 • /1: ll'''. •!' 'IS° :6''' .1.-r:i'
i -',,..'""5:e,s '*•-*N- mistiFor aea:ty au ino uu,iiiiit,2. ,A,..iratn. I m.0,7111;32
'A "'1ri..71-- : • 'ialtwod awl upisibth? week. othi;-, cicath. I have
Iv
ppertruutzes of &coin, lora Au 'alums stat,3 of
•‹,,,,,'&g37-"°4.1.',-. 3':/•witeegortune; I was priiry,to,the circumstances.
--,!,..1-4!,,,ewhich
.14. i. me 0) the commi*Aion cif I.unikey on Sir citregory in leetU
11 s 1 conducted the icquisition, I was ilk° ;A:quail:aid with