Star.
London, England, 1830-03-29 00:00:00

THE LATE EARL OF MAR.

Last week a trial came on before the Jury Court in Edinburgh,
the result of which is highly important to Life Assurance Com-
panies, in which, Sir William Forbes, James Hunter, and Com-
pany, Bankers in Edinburgh, were pursuers, and the Edinburgh
Life Assurance Company were defenders.
The following was the issue to be tried :—lt being admitted,
that on the 26th day of September 1826, the defenders granted the
policy of insurance, No. 6 of process, whereby, in consideration of
a certain premium, the defenders agreed to pay to :William Inglis,
W.S. the sum of 3,0001. sterling, on the death of John Thomas
Earl of Mar, and that the right to the said policy is now in the pur.
suers :—lt being also admitted, that on the 20th day of September
1828, the said Earl died :—" Whether the defenders are indebted
and resting owing to the pursuers in the said sum of 3,0001. con.
tattled in the same policy r
From the evidence adduced by the pursuers, it appeared that
the late Earl of Mar went to England in 1812, and did not re.
turn to Alba till 1825. Several gentlemen who knew his Lord.
ship previous to his departure, deported that after his return they
knew no change in his appearance other than time might be sup.
posed to produce. His factor, gardener, and forrester, and several
other witnesses, proved that his Lordship was an early riser, that
he was very tasteful in his gardens and plantations—that he paid
particular attention to his businus.—that his memory was good,
and that he spent much of his time in reading ; in short, that from
his appearance, actions, and conversation, the witnesses were led to
conclude that he was in the enjoyment of perfectly good health. On
his arrival in this country after the death of his father, he believed
that when all his debts were paid he would be enabled to live at the
rate of 2,0001. a year, but when a statement of his affairs were laid
before hint, according to the evidence of one of the witnesses, he
found to his infinite disappointment that he would not be worth
2,000 pence. He subsequently kept no company, sunk gradually
into a deep melancholy, and sometimes was not shaved for a week
or two. Lord Abercromby had had several conversations with the
Earl of liar. He never saw his Lordship under the influence either
of ardent spirits or any kind of stupifying drug; on the contrary, be
was always perfectly cool and collected; and he attributed his re-
tired habits, and settled melancholy, entirely to the embarrassed
state of his Lordship's affairs.
The SOLICITOR-GENERAL detailed the facts of the cue foe the
defenders. He stated, In substance, that the grounds upon which
the office resisted payment were in substance these-Ist. That when
the policy was effected it was concealed that Lord Mar took lauda-
num and opium to a great and pernicious extent ; 2d. That it was
untruly stated that Lord Mar was temperate and took exercise—
when, in point of fact, he was not temperate, and was sedentary and
inactive in the extreme. 3d. That it was untruly stated that his
Lordship was in perfect health, and his general state of health good,
when, in point of fact, he was in unsound and broken health. In
the conclusion of his speech, the Learned Gentleman contended that
when it was asserted that a person was in good sound health, when,
at the same time he had been long to the destructive practice of in-
dulging in the use of opium and laudanum to a great and T=
as extent, the life insured under such circumstances w no
pretended life, but one of a great deal more hazard, notwithstanding
the healthy appearance of the person whose life was insured. If k
was urged that the Company were bound to be satisfied on this
point, and were deceived, and that the loss should be entirely their
own, this would be offering a bounty for falsehood and impositioa.
...The Solicitor-General then called three surgeons, who 'proved
that they had supplied the late Lord Mar with laudanum anciopium
pills to a great excess, but it is needless to give the details. One of
his housekeepers proved, that when in England he was in the pate.
ties of using these deleterious drugs; and further, that he was In the
habit of drinking, in addition, brandy and water, both in the fore.
noon and in the morning.
Dr. Abercromby, Dr. Alison, Dr. 116Laggan, and salmi ether'
sordid gentlemen stated, that the use of opium and lantlimma th
Mersa, was even more destructive to the bodily health, and Mold
faculties, than indulging in the use of ardent spirits, and mos MIL
cult to eradicate. The craving increased with increased
and there were but few instances indeed, in which dyer
, used laudanum to excess for any time were not debilitated in
and mind, and brought early to the OWN. Thi .iiedieal
tioners all agreed in stating, that in mania* tvine.
to his having his life insured, if they were 10mm( dog be
in this punkt, though apparently in perfect bmitis, they weuld

nevertheless feel themselves bound to inform the Company, as the
life was rendered on that account one of a great deal more hazard.
Mr. CO0E11171)1 addressed the Jury. for the pursuers, with his
usual eloquence Ind ingenious reasoning.
The Loan entry Coststrastowza summed up the evidence,
and the Jury retimed a verdict for the pursuers.