Star.
London, England, 1829-02-02 00:00:00

..
his beginning to realise property, the deceased did tom.
intend in benefit his ielations, but to apply it anperified
in his will. Ilia letters dehtnostrited such to he his
intention limn 17b0,t0 1/114, and an act founded upon
ifirtentions 4so I. standing would weigh touch with
the Court. In the first letter annexed to the protect-
ings, dated 1790. and addressed to Mr. George Wilson
• in Scotland, Mr. Farquhar., speaking of his lather, said,
asl have, lit is title, "'Aid him to Warn my relations of,
the rising generation not to entertain any ridiculous,
notions of inheriting my fortune, acquired by the sweat,
di my brow, and that it is my intention to 'bestow it'
'upon some chat itable institution.' And again, I. I shall
leave thy f 'none to the Universitt of Aberdeen, in order
that 'the ialaries of the Frafessori may be doubled, that
thetmay teach all the year Without the ioterroption of
*smith:rig. This I have mentioned to my friends, who
treat it with disapprobation, thinking I should commit.
an injustice to my nephews and nieces, whom I do not
know, as if I were depriving them of their birthrights"
The deceased did not appear to have been untnindftd
of some of his relations; he had made certain position.
too Mr. Fraser and Lady de la Pole; but he mentioned.
in one of his letters that he did not Wish that prmisioh
to be known, lest his other nephews and nieces should
expect the same, in which. he slid, " they would
.be
grievously disappointed." The indications ot • his in-,
motions were better collected from these letters than
Born the testimuntof witnesses; they showed that his
mind had been mode up on the subject so early as 1790,
and the will cf 1814 carried his intentions thus revealed
into effe.ct. - lir 1816, when he joined
,the house 81
Dana and C 6. in London; i paper was received by him
from India, which it wis'clear was the ;copy .of his
will. On his going to Scdtlind 'he deposited_ this
paper with Mr. Bland. oI the house a Whitbread
and Co. in which the deceased' was !also a pariner,
obse, ving, " T•ke care of it—it contains tin will.".
This paper .va, given back to the deceased, and re-
mained woh him till 1821. In hil visit to Scotland'
in 1816, it was primed that he made inquiries is to
the state of the rettral seas of learning in that
country; and in the vorrse of them, he told one of the
pr Ole.sorsillr.Davi,on) that he had made a will, though
Le del cot mention the contents, observing, however,
that his tel .Guns Most (spec[ no more than the educe-
• tion he had given them. Between 1816 and 1821, there
5. i. an Occurrence. which, though unpleasant to men.
' ti •o, hr (the- Learned Advocate) could riot suppress;
he did' net mean to imply any thing .uniatiourable to
Ms. Fraser; his Motive might be highly hotiottrable.—
A quattel- happened between the deceased and Mr.
Feaster. The loaner proposed to reduCe the alloience
of the lat er t., 4001. Mr. Fraser objected; he said he
would hate all or none. WliereOpon the deceased said
"'Then, J•shn, you shall have none.' The effect of this
spate-I was an estrangement between the deceased and
Mr. Fraser. He (Sir El. Jenne!) did not impute blame
tO'lli. Fraset ; he wished only to impress upon the
Cotnt the great itriistion Which the deceased thence-
• forward felt towards Mr. Frailer, which seat increased
by die i. port of hia.pieetiding thit be was' to be his
• vnde\ hen.. This tiiitation was shown in a letter from
the datea.oeds dated The 17th •i f D cerilbei, Itl6,
. Wheteinheitarid, that there Wit's a selfitieht cause for
hti•eittaisgenient=thii‘lol had been early aware of the
dettlier.ot allowihg a young man to'form expectations
Whstkwere hist to be reaiiied, and that heltedwritten
tri Mr Wilsitn h. -stern hiM agaii.st it; itt 4 his nephew,
in te.d sit minding histitidies, hail been tll
inking of his
enittof finis—that, on iem'onstriding wit him 96 his.
til
tett astegitice, and telling ling hie iv/aside oirr flint only
his neteuiaty ettposses, he had refused 4e reduced
itkoWance; 'Saying . lie would bimetal or nail. This
mad of an nadependent spirit was ealcetateate istitate
-st-wsitishsti•pe..eiliaily committed as Sr: Patquhag.a.—
n' fat- as 411. Fr iset nits Cenci:raid, therefore, there
Mild be an tioldittod on the. pint dl the deceased of
-ati.is iog tkat the iatentiont. of the Will. Of Lady
"Pik the dee, mid , Itile. nOthiDg till his return to
krit,leird. He had heed is. Vie same house with her for a
I ear: and a halt :' but friths the year 1819 till his death
he had meet ten her. As to the Mortimer:, it must
• 'boddatitted the deteMed felt regard and affection for
diem,. and had pieced great confidence in Mr. George
•Mostiinet.t but dist:* was the prod' of regard and
afttiiin id Weir agent? The only occasion on which
they saw the deceased was at Fenthill, when they were
not permitted 111 sit down with him. There was still
less probability Of tegard eiisting towards Mrs. Tine-
vont, his heir at law, of whom the deceased spoke as a
st Vagabond," for Whom he did not tare one farthing.
From the stale of his affections towards his relations,
them was, then, rip presumption in favour of the de-
steuction cat the will of 1814. Although some intercourse
took' plate subsequently between Mr. Fraser and his'
uncle, arid some de,.;reeot friendly feeling appeared.tbeie
was no front of a re:din of affection and tepid; the al-
lowance had nut hien renewed. The evidtnceof favour-
able inter iron towards thi Mortimers in the paper of
1321 had been des toyed; the deceased probably thought
' th.t the demanls of Mr. George 51t ttimei were satis-
fied by the cicala 'Risen to hint at his bat:lcis. He (Sir
B. J niter) w• 1141 nriw revert to the te,tatitentai'y dis.l
p .sitions from 1816, tat r• the deceased seceived the'
will frow Ali: Blind. Between that period and 1821
tit, altettrion •in the (aid of the deceased bad been
shows; on the eititiary, ctitiversations were spoken to
what, showed adhetente to the will.' lit Octobir, 1821,
tbd deceased aeturtirardM 3tessii.Ptrillips to Paris;
on Ott woiniog cif hiS deolirture, aciecuted a codicil
in Mt. Colvitei ta.tiai. The csse:l4.4o .IsT the neat of
kin tea-, that thi:'-iiislitil %Sas Made on the back of the
will teceiaed front Indiajand bpoit this groatid the al-
leged destitictitin tit the will wt. toatided. But it was
impoisible to read the evidence and not to see that such
eowid not be the feet; Hid that the paper was a distinct
and sepire e street. The 'pipet sias peva to Mr. tots
wins and deposited lit Mas in the non chest tielt•Oging
to the deceased, hi die Ettuie It ale firth in Broad.
street; !heft if retnithid tilt We disaialeai tit Us 9 ft, m
Rabat in. 1822. in the interintiliate tisie Mr. Cafe a
cousd:ted with Ine.• &tett and Mr"..Dtale, as to the ef-
fete of the frisleamenro and: beliiiiiii ie iniititt, he
attired- its tante* did tbdte of the wilt tti fie eini,ss.
died together, aldf til it airtight wile iii. Paris ini the
deterred to ea tit& Toe camenii of this Paper ilia
add to be inipottarit insitigith- as if shoWed a vertaaut
of intention; sktitittiarly iii the liMitshiosi of the liinat
t • tfie seiroolrfiskire to tidied:Mies in S.:edited, intte.4l
4 otitrthirting it throughout elnit king .o.sit. lint be.
aides dirt Wittient being not the ski of the testate*,
the dbjett ed it, M ieiated to the bilk of the roperty.;
iv is dtbstirdiiiifY tad taril, b4frg cfsiiiiteatO the promo-
tion.of Videariciti in tfiecfeetsisiiriliiittiriCotiairy. The
thsteateci 100ta.i.'11 ki have 14ra.
cti!Ottabed wet this
dtatsght ;With riti4hebe alined kid atiOrtinsesiieni cf
iffeittoWetiAtidtierttietthlti?Aa sti.e.baiit so,thebOb-
-oeituettt %A els of thd datqatid ihthili'd , that it was soon
removed; artditVat tditietan*if to their. re it iffifi.
snip, triticif etritidtfdd ilittliteli4iON Jeri. Jo Isl 4
iitt'paipereatititieetWilif ailitleiyasetisitAideCia;4;
and t..e only siiiektroti• Aft, itSiettiii aW wain i aivatite
pipc,, or *actin. Li- the' waft. 114 i Lealaed Adiaciii