Star.
London, England, 1824-01-30 00:00:00

PREROGATIVE COURT,. JANUARY 28.

HALL V. HALL.
This was a question as to the validity of a will pro-
pounded by Robert Willis Hall, praying the Court to
admit its legality.
Drs. Dolma an .1 JENNER were 'heard on the part of
Robert Wiliis Hall, and Dr. LUSHINGTOH addressed
the Court, at considerable length, for the parties who
were opposed to the admission of the will.
Sir Joins gave judgment in the following terms:—
He said that a mass of evidence had been brought for-
wgrd, and not fewer than thirty witnesses were exa-
mined. The deceased, John Hall, had been brought
up LO the sea; he had retired from the service with a
property which he had invested in small leasehold
hoeses, which were valued at £l5OO, or thereabouts. He
died at the age 75 years, leaving three sons and one
daughter. '1 he eldest son, John Joseph Hall, resided
in Holland, while Alfred and Robert Willis Hall were
living in London. The daughter had been twice mar-
ried, her present husband being named Bateman. There
were several testamentary instruments in existence and
before the Court ; one dated 3d August, 1817, in which
Alfred and Robert Willis Hall were named executors;
one dated 2d February, 1818, in which they were also
named executors; another dated 3d February, 1819,
which was more beneficial to Alfred Hall, who was ap-
pointed sole executor. The will now propounded was
dared October, 1819, which made an important altera-
tion in the disposition of the testator's propeity. The
grounds of opposition to the validity of this document,
were these:—ln the month of July, 1817, the deceased
Was attacked with a serious fit of apoplexy, which pro-
duced great debility ; he had subsequently other attacks
of a similar kind, which so affected his body and mind,
it was contended that when the will was made in Octo-
ber, 1319, he was incapable of understanding the nature
of the instrument, and therefore it was not valid in law.
In answer to these objections, it was stated that though
the deceased had sustained occasional attacks, yet at in-
tervals he was free from mental defection, and, though
his body was weak, he perfectly understood the nature
of,the will of October, 1819, which was drawn up in
conformity with his expressed regard and affection for
pis favourite son, John Joseph Hall. The general pin-
.
ciple for the Court to guide itself by was this—at the
time the will was made, was it satisfactorily shewn that
• the mind of the testator was clear and unimpaired?—
He was considered by a number of witnesses to be ca-
pable of understanding clearly the instructions be gave,
and the contents of the will when he executed it; but if
Ills capacity was fluctuating and doubtful at the time,
it required good evidence to chew whether the testator
knew what lie was doing: and if the party mostly be-
nefited by the execution of the will appears to be the
agent nr assistant in the execution of the testamentary
document, it ought to be most clearly proved that
the testator was, at the time he executed the papers,
acting perfectly flee. It was evident that the deceased
was hiequently attacked with very severe illness, and his
faculties were so flinch injured, that in July, 1818, a
strait waistcoat was found necessary, and it was pro-
bable that up to the time of his dissolution his faculties
were in an impaired state. On the 28th of September,
1819, he was seized with illness, and was attended by
a medical Gentleman, named Bowers, whose affidavit
stated, that the deceased, from that time to his death,
was in a state of great mental defection, and during the
Beater part of the time he could not articulate so as to
be understood. Mr. Butt, an attorney, had been em-
ployed' in August, 1817, by the testator, and in Octn-
btr, 1819, his son, John Joseph Hall, requested his at-
teedance,• stating that his father wished to make some
alterations in his will. On the following day Mr. Butt
arrived, and was introduced to John Joseph Hall (the
party benefited by the execution of the last will of the
testator ), and he gave instructions to Mr. Butt as to the
alterations proposed, which were immediately made,'
and they proceeded to the testator's room, and read the
document to the deceased, who was lying in bed at the
time, incapable of speaking, though it was stated that he
expressed his assent to the contents. The deceased, it
was admitted, was unable to sign the will, the parties
present agreed to guide the hand of the deceased, and
they did so till the signature was conipleted. He (the
Learned Judge) a as of opinion that more circumspec-
tion ought to have been used by Mr. Butt, and great
suspicion was entertained by the Court, not only from
the mode of signing the document, but because the per-
son dictating the alteration was John Joseph Hall. the
person most directly benefitted by them. The Court,
under all the circumstances of the case, felt bound to
dismiss the last will with costs.

THE STACKPUOLE CAUSE.

PARIS, JANUARY 25.

Yesterday the pleadings in this litigated cause were
continued.—M. Dupin now confined himself to the facts
connected with the cause, which he detailed with an
accuracy and felicity to which no report can do justice.
Ile conceived it his duty to defend the Chamber of
Lords of England from those imputations thrown out
against them bybis antagonist, M. Tripier, who asserted
that very few lawyers were included in that House.
There were, on the contrary, in the English Lords'
Chamber, the most eminent lawyers. In that country,
as in other civilized States, it was indeed from the circle
of the Bar that the most eminent men have risen to
offices of State.
Here M. Dupin contended for the authenticity of the
signature, as referring not to John, but James Stack.
pole; and argued most decidedly the necessity of con-
6rming the English Decree, with the exception of the
penalty attached to Geo.Stackpoole on account of his age.
. M. Dupin, in conclusion, expressed his earnest hope,
that those Letters Patent which had been granted to
George Stackpoole under false pretences,would one day
be rescinded. And, meanwhile, an imperious voice
must continue to cry in the ears of George Stackpoole,
that his fortune was the fruit of an immense spoliation,
and that lie ought to restate all that be had taken—
Redde quod debes. He (M. Dupin) trusted, that the
Tribunal, by their decision, would give a salutary les-
son. Let them teach dishonest debtors of all nations,
be their authority what it may, that if France always
had afforded an asylum to the unfortunate, it was not
a place of refuge for fraud and spoliation.
The further proceedings were adjourned for eight days,
when M. Tripier is to reply, after which the King's Ad-
vocate will. demand the judgment of the Court.

An eagle was caught, last week, on the estate of J.
HEWITT, Esq. near Handcross, Sussex, it is a fine full
grown bird, and came into a trap set by Mitchell,
game-keeper to Mr. Hxwar.


mGrai

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