Star.
London, England, 1818-08-24 00:00:00

ASSIZESt.
LANCASTER ASSIZES, ri"CESbAti AESUST is.
CIVIL xLDC.i
The Court disposed tilitilderable number of
undefended causes, and then entered upon the trial
of the validity of an Irish will.
ROOERsON V. WIIITTINGTeN AYII OTHERS.
Thomas Jordan, a flatly:: of Lancashire, died in
ISM, in the house of Thomas Rovrson, near Chapel
hard, which is two miles from Dublin. His will be-
queathed CIO for mourning to Thomas Rogerson,
£l5 to his wife, to each of his children, and
C 5 to the servant-maid, all for the same purpose ;.1
and the rest of his property, re rl and personal,
after payment of his dents and the expense of his fu-
neral, to John Jordan Rogerson, the present
godson to the testator, and eldest son of Thonias
Rogerson. The property thtis bequeathed was very
considerable, including two real estates near Man.
chester. The testator's nephews and heirs at law re-
fused compliance with the. Will. A bill was filed in
Chancery in pBOB. This issue was directed by the
Court of Chancery, and the record entered this time
last year, but withdrawn without 'trial. Issue was
this day fairly joined.
Messrs. SCARLETT, RICHA flflsoN, and WILLIAMS,
were Counsel for the plaintiff ; Messrs. TOPPING,
RAINE, and LIT fLEDALE, for the defendants.
William Hogan, vestry-clerk and schoolmaster of
Chapel hard, knew Thomas Jordan in 1804. He
was a calico printer. He lived in Thomas Rogerson's
house. Thomas Rogerson had a son, John Jordan
Rogerson, who was then a year or two old. Jordan
applied to him to make his will, and shewed him his
father's will to copy from. He had property to a
considerable amount, 2,000/. personal property, and
two estates near Manchester. He, witness, made his
will. It was executed on the 6th of April, 1804, and
attested by him and James Kain. Thomas Rogerson
afterwards told witness that the testator wished them
to spew it to Wilcox, to see if it was riz-,llt. They did
so. Wilcox made some alterations in it. The second
will was written oat and dated on the 9th of April.
It was in substance precisely the same as the first.—
The testator having then recovered, and being seen
by witness walking to Chapel hard, he v. as in no
hurry to bring.him the Will. Mrs. Rogerson came
to him, and told him to-hurry with the Will—he did
so. He found the testator lying very ill in bed, and
asked him how he was. He replied by the question.
Have you brought the. Will? He read it to him.
The testator said, "It will do now." Welsh and
Byrne v, e:e then called in. In their presence the
will was read over again and executed, the witness
holding the testator's hand. The witness Welsh, and
Byrne attested it. The testator said his name was
bad. y written, but it would do. A clergyman O'Neil,
afeenvards attended the testator. Ile died a day or
taro afterwards.
This lively schoolmaster was most fidgety, andl
aff..,rded high amusement under Mr. TOPPINGS cross-
examination. He had known the testator about a
fpar before. Byrne and Welsh were apprentices.—
lic.e wIS a servant in the house, Susannah 31‘Der-
miti—she might have conic into the room, as the
door was not fastened. Ile did not hear of any par-
ticular fall which the deceased had, by which his
teeth were broken. He had many a fall. He was,
fond of a drop. Not only of a drop, hut of large
quantities, which he preferred. He liked a large
glass better than a small one. He was almost always
drunk. He was not quite insensible when the will'
was executed. If witness ever said so, he must have
been at the time vet), drunk. A signature, "W.
Hogan," was here shewn to him. He long persiste.i
in tossing away the paper, and said he never signed
his name " W. Hogan,' but either " Wm. Hogan,"
or a William Hogan." He would not swear that. the
signature was not his. He acknowledged the writing,
and at length the signature, but added that he was
very drunk when he wrote it. This paper set forth
that William Hogan, if called upon us any court of
justice, would right all parties, and ad.led, that
Thomas Jordan was quite insensible when he signed
the will. Witness said that Mrs. Rogerson had said
to him, she should be ruined if he did not hasten
with the will.
On his re-examination, lie said that Thomas Jor-
dan, nephew of the deceased, brought him to Dublin,
made bun quite drunk, and then got that writing
from him.—. The will was then produced, from the
Prerogative Court in Dublin, and. read.
Martha Rogerson was now put in the box. Much
argument arose upon her admissibility, being a le-
gatee under the will for 15/. and her husband having
been a party to the suit in equity. It was answered,
that she was released as a legatee, that her husband
vas a witness, by the express order of the Court of
Chancery ; that the only ground for objecting to her
'as therefore removed, and that there was no interest
arising from the costs, since, whatever the decision
here might be, the Lord Chancellor would give costs
according to his discretion.
Mr. Justice 13:aims:sr thought her admissible.
Two letters were then put in and read. They were
written in 18042, by Thomas Jordan, then on a visit
at Manchester, to Thomas Rogerson. They con-
tained expressions of great regard for him and his
family, and complaints against his friends at Man-
chester. " You cannot conceive what a scoundrel
my nephew Thomas is turned out."
Martha Rogerson was then examined. She ap-
peared very delicate, and had frequently recourse to
A glass of water, a smelling-batie, and her chair,
'while examined by Mr. Williams. She said, that
Thomas Jordan had been very anxious to get his
will made ; often said that none of his friends should
get any of his property, and was very fond of her
lade boy, John Jordan Rogerson. She could not tell
u'iscu this bey had been born ; he was now going
eighteen. It was therefore inferred that he was born
in 1800. Thomas Jordan was quite sensible when
the will was executed. He had lived in their house
all the time he had been in Ireland, six or seven years.
She became rather more firm and intrepid white
Mr. RAINE was cross-examining.—Jordan drank
largely. He and her husband sometimes quarrelled,
but it-was when Jordan was drunk. And that was
e eery day ? Xes.
Mr. Justice BAILfly.-0, but your inf&ence is not
warranted. lie was drunk every day, and it was only
-when he was drunk that they quarrelled; but it does
slot follow that They quarrelled every day.
!Martha Rogerson said they quarrelled but seldom.

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