The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1841-04-13 00:00:00

T

Called on him about some land. I know Mr. Sherburne.

Did not see -Mr. Sherburne on the day I signed the docu-
ment. Mr. Sherburne used to call on me, and I used to talk
with him. Mr.Tebay came and spoke to Mr. Heatley whilst
he was in tay counting-house.
Re-examined.—l always thought him a man of sound
mind. Never heard it doubted before he died. No one
could doubt it. I went to try to purchase some land from
him.

By Sir W. FOLLETT.—I tried to purchase some land from
him to build a chapel on. Ido not know whether any mo-
ney was paid for the land. I subscribed, and was one of the
committee and treasurer, and paid the money into the bank.
After the bargain was gone into, Dr. Briggs, the Roman
Catholic, purchased the laud, and I do not know whtber any
money was paid for it. I paid no money towards the land,
but did towards building the chapel. I paid the money into
the bank considerably after I went to Mr. Heatley. I think
Mr Sherburne is one of the trustees of that chapel. Never
heard him say that Mr. Heatley gave the land, and no money
was paid for it. •
By the JUDGE.—The price of the land wips to be lid a
yard.

---
John Horn examined by Mr. MURPHY.—I am a corn-
merchant residing in Preston. Have known the late Mr.
Heatley upwards of forty years. On the 25th June went into
the last witness's counting-house, and saw Heatley, Sanson,
and last witness there. Mr. Heatley produced a paper, and
said something about his will. Saw all sign it, and I signed
it. Mr. Heatley was in good health, and appeared quite
well.

Thomas Sanson examined by Mr. WATSON.—I am in
partnership with Mr. Holmes. I signed this document (the
will). Saw Heatley_and the rest sign it:

Mr. CREsswELL here asked his lordship if he would there

pause ?
Sir W. FOLLETT wished his lordship to proceed, as, by ad-
journing so early, the cause would continue for a very consi-
derable time.

Mr. CRESSWELL said they had now reached a point in the
evidence, and, probably, that was the most convenient place
to break off.
Sir W. FOLLETT said he was anxious to afford every ac-
commodation he could to his learned friend, but very little
courtesy had been shown to him in the cause.

Mr. eRESSWELL (warmly)—More courtesy has been shown
to you than to me.

The learned JUDGE said he bad no objection to sit for half
an hour or so, if any real progress could be made; but,
during the last six weeks, he had sat daily, on an average,
ten hours, and it was almost exhausting nature to continue
late.

A Juryman also expressed his wish to adjourn.
Sir W. FOLLETT said, after the intimation from the Bench
and the jury, he would readily accede to an adjournment.
The Court then adjourned at a few minutes before seven.

SATURDAY

CONCLUSION OF THE GREAT WILL CAUSE

Mr. Baron ROLFE took his seat at nine o'clock

James Tebay.—ls a land agent, residing in Brompton,
near Preston, and have been so forty-three years. Recollects
the late Mr. Heatley's father. Witness's father was land
agent to him, and to his son, the late Mr. Heatley, up to the
year 1805, when he died. Witness succeeded him, and con-
tinued so up to the time of testator's death. (An account of
property taken by testator on his father's death was put in
and identified by witness as his father's handwriting.) Re-
collects the building of Brindle Lodge, which testator regu-
larly superintended. It must have cost £lB,OOO. He went
to reside there in 1808. Witness did not then know Mr.
Sherburne—not until 1820. Witness spoke to the sale of the
leasehold property to Mr. Brockholes, in 1812, for £58,000,
and considered it a good sale. Witness received testator's
rents, and settled with him. He directed a particular way of
making out the rental—making it up in separate sheets, tied
together like a lawyer's brief, that he might refer to each
year's accounts at any time. This continued to the period of
his death, though the settlements were less frequent, and a
cash account being constantly kept for his inspection. He
had appointed Thursday for the last settlement, and died on
the Tuesday. In the year 1824, witnessed a will for him.
(Identified the will, and the handwriting of the testator.)
Witness spoke to the offer of Brindle Lodge to plaintiffs, and
of the refusal ; of his subsequent purchase of property in the
neighbourhood to the amount of £lB,OOO. Witness was
directed to look out for another house for testator at Hough.
No attorney was employed in these purchases—witness made
them under Mr. Heatley's instructions, who looked over the
drafts. He was, in witness's opinion, a man of great under-
standing, equal in business matters to any one witness
ever met. He bought and sold property at Preston,
also very judiciously. Remembers a sale to Mr. Thom-
linson—a gentleman here at the bar, about two or three
years ago. Witness here also identified testator's letters
relative to a transaction for a purchase from Sir Henry B.
Hoghton. The letters were read, dated 1831—one a short
one, for Sir Henry's perusal ; the other a longer, for wit-
nesses private guidance. The instructions for the bargain
were minute and judicious, and from their legal precision
and prudence were listened to with some amusement by the
bar. Witness'also identified letters, date lin 1815. address-
ed to him by Messrs. Pilkington, of Preston. relative to
drafts sent to! him for perusal, clearly showing they treated
him as having a perfect knowledge and understandnig of their
contents. His practice of perusing his own deeds and drafts
when he made sales or purchases, continued up to the end of
his life. Witness and his wife were invited to visit testator.
Recollects a Mrs. Talbot living at Salisbury, near Brindle.
She had daughters. Recollects meeting one at the house,
Recollects Mr. and Miss Gradwell. The latter is now in
Ireland- Met many people there—many clergymen. There
are particular times of meeting, called a " conference," when
he had usually a party, but witness was not there at such.
Remembers borrowing of him, on witnesse's own account,
sonic money on bond. He asked if I had any objection to
have the bond made to Mr. Sherburne. (Bond for £3,800
to Mr. Sherburne produced and identified, with memoran-
dum of interest paid, in testator's hand-writing, up to the
last term before his death.) We died suddenly. When wit-
ness went immediately after, there was no one in the house
hut servants. The same :day Mr. and Mrs. Eastwood
came, and took possession of the papers in the house. He
heard testator speak of his correspondence with Mrs. East-
wood, and he said he had received letters from her, to the
effect, that he had no right to dispose of his property, and it
seemed to put him out of the way. He asked witness what
he thought, and witness told him that if property was not
entailed, a person had a right to do with it what he liked.
He spoke again of the latters latterly, and witness advised
him to put them out of the way and think no more of them.
On the :morning of the funeral the will was opened. Mr.
Eastwood read it the day after he died, and seemed much
disappointed, and said he would dispute it to the last far-
thing
he had in the world. Mrs. and Mrs. Eastwood
remained at the house to the funeral. Mr. Eastwood, on
the morning of the funeral, gave the will to Mr. Sherburne,
saying it was a piece of waste paper and not a valid will. He
then ordered Mr. Sherburne's horse, who took the hint and
rode away. The property taken by the plaintiffs under the
will amounts already to a rental of £614, exclusive of Brindle
Lodge and the lands adjoining. Part is likely to increase,
from lives falling in, to £BO or £9O a-year more. The value
of the Lodge and land adjoining is, to let, about £250 a-year.
Testator's nieces had fortunes of £lO,OOO each. Witness
knew by being accountant to Mr. Heatley when he settled
the executorship, and detailed interviews between the testa-
tor and the plaintiffs relative to the division of the property,
which one party considered was divisible, but which the other
contended was descendable in the entirety. This appeared
to be a long and intricate affair arising out of Mrs. Dease's
will, of which Mr. Heatley was executor. The property to
be divided among the three sisters, Mrs. Eastwood, Mrs.
Middleton, and Mrs. Pease, was about £30,000 ; and by the
death and will of the latter, the two former took the whole
in equal moieties.
Sir Wm. FOLLETT objected to the production of the very
long correspondence.
Mr. CRESSWELL said his object was to show that, so late
as 1831, the plaintiffs were calling in testator to arbitrate in
their affairs. . . . . . _

Examination resumed.—During the last three or four years
have seen Mr. and Mrs. Eastwood visiting at Brindle Lodge
three or four times a year. about a week at a time. Had
seen Mr. Sherburne also. Had seen the former oftener there
than the latter. Had not seen the latter often there lately.
Mr. and Mrs. Middleton had been abroad for some time be-
fore testator's decease. Testator was very charitable to the
poor in every mode, and to a very considerable amount.
Some years ago assisted testator to sort his deeds, and he
kept those relating to the Brindle, Salmsbury, and Warton
properties, and said he should and those relating to the
Preston property, which Mr. Sherburne, to Mr. Sherburne.
The rental of that is £-167, some little of it improvable for
building ground. Remembers Mr. Eastwood asking me if
Heatley was not seliing his property, and I told him he was
selling ground rents in different places in Preston, and after-
wards told Mr. Heatley of the conversation.
Mr. CRESSWELL called the plaintiffs to produce seventeen
conveyances to testator, from March 1791 to March 1837,
and put in twenty or thirty others from him. All these,
witness said, Mr. Heatley had perused himself.

.
Examination resumed.—Down to the day of his death
witness had never the least doubt of testator's competency to
make a will.

Sir W. FOLLETT' after some conference with his client's
attorney, then addressed himself personally to Mr. Cress-
well, and the two learned gentlemen requested his lordship's
permission to retire together.
After having retired for nearly an hour, the counsel returned
to court, and
Sir W. FOLLETT said it would save time if his lordship
would allow him to state, that an arrangement had been come
to in this case satisfactory to all the parties, and he begged
his lordship's permission to say a word or two to the jury,
relative to the terms on which it had been arranged. Mr.
and Mrs. Middleton and Mr. and Mrs. Eastwood being the
nearest relatives of the late Mr. Heatley, feeling themselves
aggrieved by his will, thought they were justified, and he
(Sir W. F.) thought also, that they were justified, in mak-
ing the most ample investigation into the circumstances un-
der which it was executed. That was done by a suit in
Chancery, out of which the writ issued, out of which that in-
quiry originated. The result of it had satisfied them, and it
had satisfied their legal advisers, that the late Mr. Heatley
was, at the time of making the will, and at the time of mak-
ing the codicil, competent to make the will and the codicil,
and that there was no ground for disputing his competency.
He, and his learned friend Mr. Cresswell, had arranged cer-
tain matters connected with the suit of a money nature, in
a manner satisfactory to both parties, and he rejoiced that
there was no further occasion for him to trouble the jury.
Mr. CRESSWELL said, as the case had gone so far, he
thought he also might be excused if he asked permission to
address a few words to the jury. He had stated, when he
first opened the case, he had stated on several subsequent
occasions, and he repeated now, that the sole feeling of his
client in the matter was, that of anxiety for his own reputa-
tion ; that he was anxious to have the matter probed to the
bottom ; and that he never disputed the right of the heirs-at-
law to institute any inquiry they pleased into a will which
alienated from them and their families property which would
otherwise have descended to them. But at the same time he
was determined for his own sake to have the inquiry, now
instituted, carried on until the other party expressed them-
selves perfectly satisfied with the manner in which the
will had been executed. He had now done that ; his
character was fully cleared ; it was admitted that there
waa no foundation for the suit in equity, nor for the
action at law. With respect to the property in dispute,
if the other parties so pleased, he was willing to let them ac-
quire it on very easy terms. The will being confirmed, the
suit in equity will be dismissed, but the defendant, of course,
admitting the propriety of the inquiry, will not call on the
plaintiffs to pay his cost. Mr. Cresswell then apologised for
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