Star.
London, England, 1818-07-08 00:00:00

IRELAND.

COURT OF KING'S BENCH, DUBLIN, JULY 4.
THE TREHLESTON CASS.

The following is the substance of this cause, as it
appeared in evidence, which occupied the Court and
a Special Jury for a fortnight :—The late Lord Trim-
leston was born about the year 1726, and went to
lirance when 14 years of age. There he acquired
considerable property, and married a lady of respect-
able family, by whom he had two children, the pre-
sent Lord Trimleston and the Countess D'Alton.
This lady died, and the late Lord Trimleston was
driven from his adopted country at an advanced pe-
riod of life, by the Revolution. He was a sanguine
Riy:tlist, and his estates in France became the prey
of the dominant party. Ile came to Ireland penny-
less, and was indebted to his relation the then Lord
Trimleston, for a miserable pittance of 100 guineas,
or £l5O a-year. In 1793, his son, the present Lord
Trimleston, then only 19 years old, married the
daughter of the late Mr. Kirwan, the celebrated che-
mist. With her he obtained £3OO a-year. He took
a small house in Holles-street, Dublin, and his father
joined stock with him. In some time after, the then
Lord Trimleston died, and the late Lord Trimleston,
as heir at law, succeeded to his title and estates. He
became acquainted with the family of General Eu-
stace, and in 1797 married Miss Eustace. She was
then 21. years old, and the late Lord was in his 71st year.
A jointure of £BOO per annum was settled on the lady
—she brought no fortune. Shortly after the mar-
riage, Lord and Lady Trimleston went to Bath to
reside. The habits of Lord Trimleston were com-
pletely those of a Frenchman. His chief society
were the foreign Ambassadors, and other foreigners
6f distinction. His principal amusement was a game
at cards. I'o this manner of life Lady Trimleston
accommodated herself.--They went to London, where
they continued to live in the same manner. By the
death of Llrd Falkland, the estate of Turvey fell to
Lord Trimleston, burdened, however, with judg-
ments to a considerable amount, and a mortgage
which involved his Lordship in a tedious and ex-
pensive Chancery suit. In 1802 he made a will,
having the bulk of his ps'operty to his son, and
making some additions to his wife's jointure—Lord
Herbert Stewart became intimate at his Lordship's.
He had been a Judge in India : is a man of talents,
of a prepossessing person, but distorted in his feet.
His attentions to Lady rimleston were very par-
ticular, but not in an improper sense. Ile took a
deep interest in her welfare. Ile wished to see
112 r more amply provided for in ca,,e of Lord Trim-
Lston's death. The result was, that Lord Trim-
leston engaged him to draw a codicil to hi, will,
by which he was to give 1.:1200 a year to Isis Lady
in addition to her jointure, all his personal estate,
and i legacy of five thousand pounds a year, charg-
able on his real estates. Lord Herbert Stewart,
drew the codicil to Isis will, and Lord Trimleston car-
lied it to Mr. Addis, his Solicitor. " Here:" said he,
d* is a codicil which Lord Stewart and my wife are
importuning me to execute ; I will never commit so
gross-an injustice against my son, but for peace sake
I must seem to acquiesce. Do you draw a pretended
codicil in compliance with their wishes, With feigned
witnesses, and we will persuade them it is regularly
execut That. which I shall execute shall have
1200/. as a gross sum, instead of 12001. per annum,
and the legacy shall be 5001. instead of 50001." This
scheme was in substance carried into effect. Lady
Trimleston was satisfied that the pretended codicil
was genuine ; and next year (1805) Lord Trimleston
executed a will with the dispositions he proposed,
and in which the blanks for the sums are filled up
with his own hand. A codicil was afterwards drawn
up also by Lord Herbert Ftevrart in a very elaborate
style, for the purpose of substituting Colonel Eustace,
the brother of Lady Trimleston, as an executor in the
place of Mr. Dangle. This was effected. In 1810,
Lady Trimleston came to Ireland, with a power of
attsrney to sell the Roebuck estate. It was sold ac-
coidingly, and it is alleged on the part of the present
"Lord Trinlleston, that a considerable part of the pur-
chase-money has never been accounted for.
Lord Trimleston followed in some time after his
Lady ; and immediately on his arrival in I)ublin he
executed a codicil, making a provision for the chil-
dren of his daughter, the Countess D'Alton. From
this till his death, Lord and Lady Trimleston re-
sided at the Turvey Estate. In the autumn of 1812
he sent instructions to his Solicitor, Mr. Kemmis, to
draw a new will, which he executed as his last will
and testament, with all, the necessary forms. The
provisions of this will, with respect-to his wife, are
the same with those contained in the former codicil
drawn by Sir 11. Stewart in 180 t, except that instead
of 12001. per year, she has the Turvcy Estate settled
on her for life. The will also contains the provision
for the Countess d'Alton's children. The present Lord
Trimleston disputed the validity of this will, on the
ground that it was obtained by undue influence, or
rather coercion, and was contrary to the real wishes
and intention of his late father. The case was first
mooted in the Prerogative Court, and the trial in the
Court of King's Bench came on in consequence of
an issue out of Chancery to try the validity of the
will by a Jury at the Bar of that Court.
The Cisise JUSTICE and Judge MAYNE only pre-
sides!, the other Judges being unable to attend.
It was proved in support of the will by General
Eustace, brother to the Dowager Lady Trimleston,
that the letters to Mr. Kemntis on the subject of the
will which were in the hand-writing of General Eus-
tace, and signed by Lord Trimleston,- were all dic-
tated by the latter. The instructions were entirely
in the hand-writing of Lord Trimleston. A few
hours previous to his Lordship's death, he sent
for General Eustace, .and in the presence of Isis
tshysician, and confidential French servant, said
to him—" Henry, .1 fear it is all- over with me;
reach sue my keys; they are in the pocket of my
'breeches." The breeches were handed to him—
he.was sitting up in bed. He returned the bunch
of keys. which had been taken out, into the pocket,
and rolling up the breeches, thrust them under his
pillow, and sail, " Henry, this precaution is neces-
sary ; my will is in that bureau" (pointing to a bureau
,2ie the clamber). In this bureau the will of 1812 was
'')lkund after his death. He further said, "My son
'will be a very poor man till the expiration of the
leases of the King's County estate : I had hoped to
live till that event ; it would have been better for all
parties." He expressed regret that-lac had not rccul-