Star.
London, England, 1827-12-03 00:00:00

KIRKCUDBRIGHT AGAINST KIRKCUDBRIGHT.

This was a suit promoted by Lord Kirkcudbright, to
set aside a will of the late Lord, and propounded by his
Lady, Mat y, BATOIIM Kirkcudbright.
Dr. LUSH INGTON, on behalf of his Loilship, moved
the tour( to adMit an allegation, the object of which
was to shew that, the late Lord and his Lady, about the
period when the will propounded bore date,had disagree-
ments and altercatiom,—that bis Lordship hgd called,
upon his solicitor, Mr. Bryant, of Southampton, to pre:
pate articles of separation,—that his Lady had stated
the conditions which woutd content her, lke. but Lord
Kirkcudbright had quitted Southampton without com-
pleting the bosiness. These facts had but recently come
to the knowledge of his patty.

Dr. Patitttssoaa and Dr. DODSON, for Lady Kirk-
cudbright, objected to the admiasion of this allegation,
chiefly as being superfluous. Their party admitted the
fact of disagreements and altercations having subsisted.
*The passages in the allegations stating that the parties
had separated wholly from each other—that Lady
Kirkcudbright had treated her husband with contempt
and unkindness, and which were easily explained by the
conduct of his Lordship in respect to his cook maid,
Charlotte Bicknell—it was not competent to the other
party to introduce at this late period.
.Sii Joust NICHOLS. observed, that there had been
four allegations given- in already, and publication would
have passed, but for the application heretofore made
on the part of Loud Kirkcudbright for the admission
of a further plea, to which the Court would not object,
Bate Mxtter was material. But he (the Learned Judge)
did observe that ttie allegation added jay fact ma•
serial to the issue of the cause. The histolf of the case
might be collected from the allegations given in. The'
late Lord made a will on the 3J N0v.1824, oominating
his wife universal hgatee; his whole property, amount•
ins to 5,00 k 1. he left to her. Up to that period, they had'
lived for many years together on affectionate terms : but,
at a late period of their cohabitation, Lord Kirkcudbright

had. indulged hiasself io ariciotwpdreuita, .sad bad
formed a connexion with his cookaustiri. That this was
resented by his wife, was sot extraordinary ;audits May,
1825, Lord Kirkcudbright quitted his residence. at
Squthamptonwiththissermst,whosena Me was Charlotte
Bicknell, and went to London, where they cohabited
together. In Joly, 182.5, a further will was made, in
sat ich his Lordship bequeathed the sum of 500 i. to
Charlotte Bicknell, for her faithful services in his fa-
mily, and on account of the contumely and aspersions
she had suffered from Lady Kirkcudbright during
the whole period of her service; but even in this will
he left all the rest of his fortune to his Lady. In
August, 1825, he deposited this will with his banker,
but aft rwards destroyed it. Under these circumstances,
it was difficult to maintain that the destruction of thi.
will was not a revival of the former. It was alleged
that Otte had been an attempt on the part of the wife
to get from him this will ; but it was admitted that his
Lordship returned home and did cohabit with his wife.
A correspondence had passed beteeen them previously,
in which be acknowledged he bad acted improperly.
In a letter, dated November, 1825, he begins, .4 My,
dear, dear Mary." In another, of June 26, he speaks
of his great regard for, and anxiety for the comfort
of his Lady. In the year 1827, he proposed to re-
turn and bring back Charlotte Bicknell; to this Lady
Kirkcudbright would not consent, and be eventually
returned without her. lie (Sir John Nichol)) would
put it to the party, if it was wise to maintain the inter•
tacy in favnut of Lord Kircodbright in the face of these
papers ? The act of separation did not carry the case
(in his opinion) one jot further than the previous allega•
liens ;„.he thought, therefore, that he consulted the inte-
rests of the Noble Lord himself by excluding this elle
gation; and it was the Court's doty towards the adverse
party not to allow the cause to be further prolonged.
He therefore :ejected the allegation.