Star.
London, England, 1817-07-25 00:00:00

BERNARD AND COAIBY V. BERNARD.

This was a similar suit, as to the validity of the
will of Colson Bernard, late of Mitchelmarsh, in the
county of Southampton, deceased. He died in Fe-
bruary, 1808, a bacnelor, leaving two brothers, Tho-
mas and Peter, the only persons entitled to his pro-
perty in case of intestacy. The will was without
date or signature. He gave specific legacies to the
amount of about seBso, and appointed his brother
Thomas and Mr. Comby, an old schoolfellow, exe-
cutors, but made no disposition art the residue. It
was propounded on the part of the mentors, and op-
posed by Mr. Peter Bernard, the other brother.
It appeared that the deceased had a great regard
for his brother Thomas And his family. They Assn-
, ciated very much with each other down to deceased's
death, and many civilities constantly passed between
them. The deceased had tor many years paid his
addresses to a Miss Whiting, of Camberwell, and
though of a reserved disposition to others, used to
converse with her very confidentially about his af-
fairs. In 1805 she left Camberwell, and went to
lire witty her sister, at Southampton, and then the
deceased's visit to het became very frequent. It was
settled that they were to be married, and the de-
ceased purchased furniture and made other prepara-
tines fur the occasion at a farm which he occupied at
Durby, near Southampton. At this farm he had
for some years carried on business, in partnership
with his brother Peter, but the latter having pur-
chased the farm from an uncle, who, it was expected
would have left it between them, Mrs. Peter Ber-
nard, on hearing of the defendant's intended mar-
riage, declared that he should never bring his wife
to the farm. This determination being persevered
in by Mr. Peter Bernard and his wife, the match was
deferred, and the deceased from that time entertained
the greatest dislike for his brother. He frequently
expressed his dissatisfaction at being unable to get
any settlement of accounts with his brother, partici].
lady for money he had advanced in the farming bu-
siness, and constantly complained of the treatment
he had met with from his brother and his wile ; de-
claring that his heart was almost broken, and that
they would be the death of him—and he also expres-
sed a determination that they should never partici-
pate in his property.
In the spring of 1807, the deceased being very
unwell, went for a change of air on a visit jo his
uncle, Mr. William Bernard, at Hal
near South-
ampton; and Miss Whiting deposed, that on one
• that

3nJ tLeri-fore lie thought be should make it hhtselr.
Mass Whiting endeavoured to drive the subject of 4
WO from his mind, thinking it &Tressed his spirits;
but he pets;s•ed, and on her vi..iting him the next
day, when she was about to le ive him, he to /IC 1
sealed paper lrom his de;k and gave it to her, in-
forming her that it was his will, and desiring her to
look it over; and see whethcr she thought it would
dot She opened at soon afterwards.. and losand it tube
the will in questioa, al: in the deceased's hand writ.
sng. Being about to go to London, the deceased de-
sired her to take it with her, and ask some attorney
whetter it would do ? She accordingly applied to
Mr. Drew, of Bermondsey-street, v ho recommended
that a regular will should be prepared by a pre:fr.-
sinnal roan, but said that ,it the party should
before that was done, he had no doubt but that IL., -
will would stand good as tar as it went. miles Viii.r-
ing returned to Southamrtion in the litter part of
year, and communicated to the deceased what M.
Drew had informed her, at which he expressed hi.
sati.factitm, and said, then he had done whit the will.
Ho dcsi.cd her to keep it until his death, and thee
to give it to his brother Thuatas, who would see it
su;ti iled, which Ole accordingly did.
Mrs. l'a Om., Miss Whiting's sistzr, deposed to onn
tain conversations which site had with C.c deceased
during her sister's absence in London, in the course
of which be expressed an anxiety to make his will,
but lamented that scald not apply to any attorney
in thc town to do it for him. Mrs. Tayl_.r nffired
him the use cf her drawing-room for Ow rutpose
sonic one to do it for him there, 1w
said he would avail himself of ; but he subsrvert:y
informed her that he had made his wiil. It tarther
appeared, that when the deceased made his will, ,ta
property was not met.? than £S(R). hut it sobv-
quently increased to about slik)00. Miss Whiting
had a legacy of £lOO, but she released it in order to
become a witnei.s.

It was contended, in opposition to the a ill. that the
evidence of Sarah Whiting was imperfect in many
respects ; instead of being confirmed, it was Con•
tradicted in several particulars •by the evidence of
Mrs. Taylor. Under these circunistancs, and as,being
the evidence of a releasing witness, it was insufficient
to sustain the will.
JOHN NICHOLL saw no reason to discredit Miss
Whiting, and not discrediting her, he was bound to
pronounce for the paper as the will of the deceased.
Decision accordingly, and the question having been
taised by the deceased's own act, and the residue
being undisposed of, the costs of all the parties were
directed to be paid out of the estate.
DUNKIN'S AS:.:t..NEES C. TIIGLADLE IN WRANCIC
CONLIN% N V.
it is an error to state that the Plaintiff; were non-
suited in consequence of a .lcfect in the notice ..1
trial, and may operate prejudicially agair,st
Itmos, the Attorney for the Plaintiffs, in t...25e
portant actions. The cause was lost in ctr.,:cqtience
of Mr. DoikiN having omitted to hire the Ea3le
notice of his other Insurances, and the par-
ticulars to be indorsed on the Lope acccr-
ding to the terms of their c3ndition's.

DREADrIIL ACCIDINT.-••An inquisition was taken
last night before Hum Liver, Esc:. Cannier, at the
Munster, Moso.zer-r•av, Sr. George's Heisover,qe eye,
on the body 41 times Child, uged IS yeast, son "of
Mr. Child, oursetyntan and flcrisr, Wars,
Chelsea, whose death was occasioned by the wheel of
a cart passing over his body.—Mr. IsltrcOar t Cope-
land being sworn, said, that hr I.ad knowietLe
ceased for many years. Oa Tuesday a!tern.,er,
About Cvc e',:!ock, lie was in Xr. Child's garden;,
and offered to go`with the demised with a car. (fon::
the bye road to Vauxhall road. He went sites the
deceased almost as far as the back of Toihillqield;,
when the deceased seated himself on the shaft sit the
cart, which was going at a slow pace. He had oc-
casion to wait for .4 few minutes behind. Dui ing
that time he heard a violent clap of thunder ; be
looked along the road and the horse had taken (right,
thrown the dfcrased from the shafts, and the wheels
passed over him. He ran to him immediately and
heard him exclaim, 44 Oh, Goo !" He never spoke
after, but appeared to be dead the moment after i.e
uttered the words. James Morgan, Steward to the
Hospital of the Fit it. Guar Is, being swain, stated,
that he was near the spot where the accident happen-
ed. Ile went for a surgeon, who came and examined
the deceased. He could not bleed him, for all re-
spiration had ceased ; the surgeon. declared that tl:e
deceased did not live aye minutes alter the whecls
passed over him, the injury being ot such a shocking
and fatal description. As soon as he WAS po minced
lifeless, he was carried to his father's h.aise, and Lit
friends had the anguish of uitncssing I.ia being
brought in a corpce, with, ut baying any previous
intimation of the dreadfal event laving hotel:el/ bin.
Verdict—Aceidental aiath, ta .iii a &Wand of Is.
Colic/mot's INQUEST.--Yesterday an ligeest was
held at the sign of the Hi I), Brunswick street, Black-•
wall, on the body of Charles Guyer, a ship-carpenter,
aged 33. Wm. Diekenem deposed, lie lives in Yui k-
street, kotherhiti/e, Surrey. Yesterday, about eleven
o'clock in the I,Arnooa, the alceeas.:l and witae-a
were at work togauer, in :he employ_ of Sir Rabert
Wigiam and Company, building ate LAS,. Jodi/mar.
The deceased was standing on :!:e gin deck beam.,
and whilst they were getting the beam ab. ut, the de.
ceased was driving toss:Ards its posiuon with a ni sus,
when he fell trove ooe deck to the other, and pitch •d
mane side of his head, which cat Lim in a taribie
manner. lie died in about five hours.—Verdiet—
Accidental Deal h.

Ex•ract of a letter firm Dublin, datedly 21 :
es Tile commAlcerucut of the hay harvest has Ova
employm ?tit generally throughout the ir.terier, and
this yea 's crt.p of potatoes is most abundant, iii;tl is
!nougat into the market at. an unusually early petio-1,
and a: very reasonable prices. New potatoes seal to
many places at 10d. and Is. per stun".''