The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1840-09-04 00:00:00

LIVERPOOL SUMMER ASSIZES

NISI PRIUS COURT.—MONDAY.
(Before Mr.• Baron ROLFE and a special jury.)

THE GREAT WILL CAUSE

-THE DLUNDELLS OF INCV

The greatest excitement was manifested this morning on
the subject of this case. The court avenues were besieged
from an early hour with parties of ladies and gentlemen, de-
sirous to obtain seats ; but no one was admitted without the
permission of the sheriff. The arrangements were admirable.

—When the doors were opened, every seat was speedily oc-
cupied. The bar presented an unusually gay appearance ;
ladies in the most fashionable attire being dispersed amongst
the gentlemen of the wig and long robe. Amongst the other
parties presont, as witnesses or from curiosity, were Dr.
Lingard (author of the History of England); the Rev. Dr.
Shepherd, of Gateacte ; Sir Frederick Pollock, Q.C. ; the
Rev. Jon. Brooks, rector of Liverpool; the Rev. Joshua
Thomas Horton, rector of Ormskirk ; Edward Roscoe, Es 9.,
a son of the author of the Life of Lorenzo di Medici, Leo X.,
&c. The high sheriff, with two ladies, was upon the bench.
The galleries were crowded with ladies • and Lord Camoys,
it was said (we know not with what truth), was in one of the
galleries. The following gentlemen were sworn of the spe-
cial jury :
George Badenach, Liverpool, merchant.
Samuel Dutton, merchant.

John Crossley, of Scaitcliffe, Esq.
William Gaskell, Tosteth Park, merchant
Samuel Job, West Derby, merchant.

Thomas Lewis, Toxteth Park, merchant.
Christopher Rawdon, West Derby, Esq.
Charles William Newman, West Derby, merchant
Stephen Shute, Liverpool, merchant:

John Melladew Lees, Chorlton-on-Medlock, merchant.
John Moore, Garston, merchant ' • and
David Bellhouse, Chorlton-on-Medlock, merchant.
. .

The counsel engaged were—for the plaintiff, Sir John
Campbell (Attorney-General), Mr. Alexander, Q.C., Mr.
Crompton, and Mr. 'Watson ; for the defendant, Sir T.
Wilde (Solicitor-General), Mr. Cresswell, Q.C., Mr. Wight-
man, and Mr. Martin.

Mr. WATSON opened the pleadings, stating that the plain-
tiff was Thomas Weld Blundell, and the defendants Thomas
Lord Caraoys and Mrs. Elizabeth Tempest; and the feigned
issue to be tried was, whether the will made by the late
Charles Robert Blundell was a valid will. The plaintiff as-
serted the affirmative, and the defendant the negative.
The ATTORNEY-GENERAL then rose and said,—May it
please your lordship ; gentlemen of the jury, I have the
honour to attend as counsel for the plaintiff on the trial at
issue. You have no doubt heard from my learned friend
who opened the pleadings, that the question arises upon the
validity of the will of Charles Robert Blundell. That will is
dated the 28th of November, 1834 ; and the question is, whe-
ther it be valid or invalid, with respect to the real estate of
which he died seised. It is not disputed, gentlemen, that, on
that day, this will was executed ; it is not disputed that it was
signed by the testator, Charles Robert Blundell ; it is not dis-
puted that it was duly attestated according to all the forms of
law. But, gentlemen, it is said that the testator was insane, that
he was incapable of making a will, and that he had been insane
during the whole of his life. Now, if this defence can be made
out in point of fact, there can be no doubt that it will be a com-
plete defence in point of law. Peculiarities and eccentricities
may be imputed to many individuals whose sanity cannot be
questioned—who are some of the most intelligent, of the most
refined, the most acute, and the most rational of mankind.
Gentlemen, I will venture to say, that in this class will be
placed Mr. Charles Blundell, the testator. You will find that
he was a gentlemen of great acuteness, of great profundity in
understanding, of high acquirements, of a literary taste—a
scholar and a gentleman. You will find that he reached the
age of, I think, 74 ; and that his sanity never was, for one
moment called into question. It will not be said, I presume,
that there was congenital imbecility of mind ; it will not be
said that he was born an idiot. It will be allowed, I appre-
hend, that he was a man of very considerable talent, as well
as of acquirements. It will not be said that he ever met with
any accident to disorder his brain or understanding. It will
not be said that he had any disease, fever, or other bodily
malady, to impair his understanding. It will not be said that
he was reduced by old age to a state of imbecility, and that
he had ceased to have that reasoning faculty by which he was
formerly distinguished. At the time that the will was made,
in the month of November, 1831, it cannot be said that he
was not as capable of making a will as at any prior period of
his life; and therefore, the only course that my learned friend
(the Solicitor-General) can have, will be to say that Mr.
Blundell was always intestable— that never at any period of
his life was he competent to make a will—that he was always
incapable of entering into any legal contract—that he was in-
capable of doing any act that should be valid in law—that all
the bargains be had made, the leases he had executed, the
conveyances to which he was a party, were all void, and
might be set aside. It would be strange, if it were so, that

he should be allowed to remain, until he attained an old age,
in the complete management of his own affairs. The qiiestion
you will have to decide, gentlemen—the great question—is,
was he capable of managing his affairs ? The best proof of
that will be, that he did manage his affairs, and that nothing
he ever did was questioned till he was in his grave, and when
his will had disappointed those who expected to derive a be-
nefit from it. If the case of my learned friend were really
founded in truth and justice, it would be strange that Mr.
Blundell's relations did not sooner interfere, that they did not
interfere in his life, that they did not sue out a commission
of lunacy against him; that they did not deprive him of the
opportunity of making away with his fortune, and of abusing
the power that he possessed. This gentleman (the testator)
resided at Ince Blundell, the ancient seat of his family, about
nine miles from Liverpool, His father was Henry Blundell.
They were one of the oldest catholic families in the county
of Lancaster. They have been seated there, I believe,
almost since the conquest, and they were connected with
almost all the great catholic families in England. You are
aware that the great catholic families have married very
much among one another; and the Blundells, I believe, were
connected thus with almost all of them. Mr. Henry Blun-
dell was a gentleman of vigorous understanding. He lived
to a great age : he died, I think, nearly 90. He had been
reduced very much by age and infirmity : he was almost
blind, he was almost deaf. He had three children—Charles
Robert (whom I shall call the testator) and two daughters.
These children constituted the whole of his family. His
daughters were married into two great catholic families. One
daughter was married into the family of the Tempests, of
great possessions and wealth ; the other into• that of the
Stonors, of Oxfordshire—the present representative of which
now enjoys the title of Camoys—a gentleman of great wealth
and possessions. At the time of the marriage, they had, as
was highly proper and becoming, very large and ample for-
tunes, that were given to their husbands. The father's
estates consisted of two parts, the Lestock and the Ince
estates. The Lestock estate he held in fee-simple, and
could, in point of law, dispose of it as he chose ; it was an

estate of about .£B,OOO a year. The Ince is rather larger,
being not less than .0,000 a year ; and it is the title to that

. .
estatewhich is to be decided by your verdict. There had,
unfortunately, been differences between the father and son.
Who was to blame, we cannot now by any means ascertain.
Perhaps there were faults on both aides. The son com-
plained, and so far, it would appear, very justly, that he had
an insufficient allowance. He had been educated at Leige,
as a great number of persons of catholic families at that
time were. He then went to Italy and France. He com-
plained, and I think justly, of the allowance that was made
to him. I believe that out of an estate of £15,000 or
£16,000 a year—perhaps at that time the income was not so
great—the son was allowed no more than £lOO or £2OO a
year. But he never exceeded what he received, for he was
through life extremely frugal. He complained of this very
much, and I believe that this was the origin of the unhappy
differences between the father and the son. The father made
his will upon the 24th day of July, 1809 ; and by that will he
left away the Lestock estate in equal moieties between his
two daughters, and to their children in remainder—that is to
say, if the line of the Stonors failed, their moiety was to go
to the Tempests ; and if the Tempests failed, then the whole
was to go to the Stonors ; and his own son was cut off from
all chance of ever inheriting, either for himself or his issue,
and part of that Lestock estate. Gentlemen, Mr. Charles
Blundell felt himself very much aggrieved by this proceeding
of his father. He had what, I believe, to a considerable de-
gree may be excused, pride of family ; and he thought that
this estate, which his father had inherited, ought to have
been left to him, to enjoy in the same way as his father had
enjoyed it. The father died in the year 1810. At the time
that he made his will, he had been very much reduced by
age and infirmity. As I told you before, he was almost blind
and deaf: and he had, I believe, the jaundice, which at times
so reduced his strength that he could hardly articulate.
From the account which the son had received respecting the
'execution of his father's will. he had reason to doubt, whe-
ther, in point of law, that will was valid. He never at all
imputed insanity to his father; but he had reason to doubt
whether, at the time the will was made, his father was not so
far reduced by age and infirmity as not to be cognizant of
what he was doing, and that he was a too', in the hands of
others. Gentlemen, for that reason, he contested the validity
of his father's will. There was a trial, on that will, in this
county, before Mr. Justice Bayley. It would be found in
the 19th vol. of Vesey's Reports. On that trial the validity
of the will was satisfactorily established. Mr. Justice Bayley
intimated his opinion, that the testator was of sound mind,
and that the will was a valid will ; but at the same time he
intimated, that, under the circumstances of the case, the
heir-at-law was fully justified hi asking that the execution of
the will should be fully proved before a jury. It was es-
tablished that the Lestock estate was for ever torn from the
property of the Blundell family. There was subsequently a
private act of parliament obtained by the parties, by which it
was partitioned between the Stonors and the Tempests. Mr.
Charles Blundell was therefore obliged to be content with
that of which his father could not deprive him, with that
which was entailed on him, the property of Ince Blundell,
as tenant in tail. He established himself at Ince Blundell,
a place which, if you have not seen, I recommend you, after
the trial is over, to refresh yourselves by visiting ; it is one
of the most interesting places that I have ever witnessed.
There you will find a very fine collection of statuary and
paintings; there you will find, though at present in a state of
desolation, the place being in chancery, many things that will
interest you exceedingly. There was established the residence
of Mr. Blundell, and there he exercised very general hospi-
tality. He was visited by persons of great distinction, by
men of the greatest talents and acquirements. There was
one gentleman I see in court, the distinguished author of
Pollyio Bracciolini (Dr. Shepherd), who, along with other
great literary characters, was in the habit of visiting him.
By and by I will read to you a considerable portion of the
testator's correspondence, letters from him and to him.
He managed his own affairs. He was a great enemy to
poachers, and I hope that will not be deemed a proof of
insanity—but liberal in distributing the game belonging to
him, and 1 hope that that will not be construed into a proof
of insanity. Gentlemen, he never married ; he became an
old bachelor ; he never was under the controul which is
very wholesome in domestic life. (Laughter.) I think
it is said that domestic life is the discipline of humanity ;
and, I believe that those who have become old bache-
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he thought fit. In passing, I will just draw your attention to
entailed estate. I apprehend that, if a maais capable, of suf-
fering a recovery, he is capable of making will. Some of
my friends shake their heads at that proposition ; but I think
my learned friend the Solicitor-General will not venture to
contest it.—[The Solicitor-General : " I did not shake my
head."] He says, that he did not shake his head ; and if he
did, I am sure 1 would not say that there was, " nothing in
it," although I venture to assert that my learned friend is
subject to a few peculiarities and eccentricities. But if such
a proceeding, on account of those peculiarities and eccentrici-
ties, were to be set aside, the will of my learned friend may
aaft a
s
may be ; for, gentleman, he was devoted to books,—he was
hereafter be questioned, although he is one of the most rea-
sonable, as well as the most talented, of mankind. Gentle-
men, it is not disputed that that recovery was a valid recovery.
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herd, eminent in literature, but with booksellers having rare
works, or rare editions of works to sell. He was proud of
showing his pictures and statues. He was excessively hospi-
table ; he was living as a respected country gentleman in the
county of Lancaster. I might mention,—and I hope my
learned friend will not think that a proof of insanity,—that
he was a good whig. But he was a man, liberal in the best
sense of the word ; he associated with persons of different po-
litics to himself. He was a good catholic; and I hope that
Lord Camps will not think that a proof of insanity, for be

himself is of that persuasion, and I hope most sincerely con-
vinced of the purity and truth of his creed. Mr. Blundell
took a part in the politics of the day ; and you will find him
in all concerns, great and small, from the progress of the
arms of Buonaparte and the changes in the government of
the country, down to the detection of a poacher ; seeing that
no family improperly entered into the township ; and that
every individual it, the township who had a claim to relief
was properly relies-ed. , Living An this manner, it so hap-
pened that in 1821 he met with an accident which nearly'
proved fatal to him, and be was for some time dangerously
ill. Upon that occasion he made a will; and one of the
questions for your consideration will be, whether this will of
1821 was a valid will or not. To draw it up, he sent for Mr.
Eden, a solicitor of this town, who, I understand, was not
only one of the most zealous, industrious, and useful
solicitors in practice, but a man of undoubted honour
in his profession ; and that I am prepared to prove, and
am entitled to prove, if his integrity should be called in
question. He was most scrupulous, scrupulous even to a
morbid degree. Mr. Eden was a man who would sooner
have thrust his hand into the fire, or suffered the greatest
violence that could have been inflicted upon him, than have
been a party to the will of an incompetent testator. Alr.
Eden was sent for on that occasion, and the will was made.
—You will find that in this will, and another of the year 1827,
both made prior to the one in question (that of 1834), the
testator had come to this resolution, that the Ince property
should not go to his heirs-at-law--that is, to his sisters or
their children ; but he wouldlnake a herias faetus that would
keep up the name and dignity of Blundell—that he would
take as his heir a relation of some one of the great catholic
families to which he was related. Gentlemen, he was related
to the Motes-us ; for his mother was a Mostyn of Kidding-
ton, and they have since acquired the title of Vaux. Another
family to which he was related was the Welds, of Lulworth,
one of the most distinguished catholic families in the king-
dom. You will perhaps recollect, that a member of the
family, a few years ago, was made a cardinal by the pope,
which gave the family a kind of splendour in the eyes of the
whole of the country. He was the great grandson of Sir
Rowland Stanley, of Ilooton, who was the common ancestor
of the Welds and Bluudells. The testator was the great
grandson of that Sir Rowland. Mr. Blundell had no per-
sonal acquaintance, or a very slight one, with the family of
the Welds; but I shall show you, that they were in the habit
of visiting him occasionally, and that he was aware of the re-
lationship ; that he much esteemed them, and was more and
more disposed to give them the preference. The first will he
made was on the 10th of September, 1821. This was during
the illness to which I have referred. By this will he left the
Ince property to Charles Brown Mostyn, of Kiddington ;
with a remainder to his sons in tail-male—a remainder to the
second son of Edward Mostyn, of Worcester, with a re-
mainder to his first and second sons in tail-male. That was
with regard to the Ince property only ; for he divided the
estate, leavir's the great bulk to. Charles Brown Mostyn, of
Kiddington ; but there was a part of the property, at Preston,
Broughton, and Chipping, that was to go to the youngest
son of the Welds of Lulworth, for his life. Now bear in
mind that the christian name of Weld was left blank ;
for it will explain one of the grounds of defence, on which
you are called upon to say that the testator was insane.
Therefore, you will see that in 1821—and it is material to
bear this in mind—the testator had determined that his heirs-
at-law should be cut off, and that he would leave his pro-
perty to a more distant relative. Now, gentlemen, I should
just wish to know from my learned friend whether he will
say that this will of 1821 is valid or invalid. Unless it is in-
valid, the heirs-at-law have no case, because, if this is valid,
it is to them wholly immaterial that the wills of 1827 and
1834 should be void. If the two subsequent wills are void
on the ground of insanity, the will of 1821 stands a valid
will, and they would equally be cut off. Lord Camoys
and Mrs. Tempest have no case, unless all the wills are en-
tirely to be set aside. This will of 1821 being made, the
testator recovered, and lived on as usual at Ince Blundell
till the year 1827, when another will was made by him. That
was likewise prepared by Mr. Eden. You will find, that in
this will of 1827 he gave a different preference to the object
of his bounty. It was formed on a different scheme ; for
the whole of his property went undivided. He left all his
estates in trust for the use of Charles Brown Mostyn, for
life ; then with a remainder to Henry Mostyn, his son, who,
I suppose, had been born in the interim. Then there is a
remainder to the first and other sons of Henry Mostyn, in
tail-male. Then there is a remainder to John, the third son
of Sir Thomas Stanley, for life, and to his first and other
sons in tail-male; then to other persons in tail-male. Then
there is a remainder to the second son of Joseph Weld, for
life; therefore the Welds were here brought in, as a remain-
der for the whole property. Now, in this will he is called,
not Weld, but Joseph Weld ; and 1 will explain to you,
by and by, that this second son is the plaintiff on record. Is
this will to be set aside ? Was Mr. Eden, the respectable
solicitor who drew it up, along with the subscribing witnesses
who attested it, in a conspiracy to defraud the heirs-at-law !
Things remained in this state till the year 1833. Mr. Blun-
dell then resolved to make another will, and he then began
•the framing of this will, the validity of which is the question
you are to try. It will be my duty to detail the manner in
which this Will was prepared ; and I will venture to say—
and I am sure that my lord and you will yet be of opinion
that I am guilty of no exaggeration when I say—that the
framing of this will can be established in a manner in which
not one out of ten thousand wills can be. It so happens that
we have the written documents showing how this will origi-
nated, how it proceeded, the written instructions that were
given for it, the deliberation bestowed upon it, the entire
contentment of the testator with all its limitations, legacies,
and devises, and that it was a deliberate and solemn act.—
[The learned lentleman proceeded to read a great number
of letters, relative to the will, that passed between Mr. Blun-
dell and Mr. Eden, from September 14, 1833, till the com-
pletion of the will in November, 1834, together with the
memorandum of the instructions for the will, taken from the
testator by Mr. Eden, and fortunately preserved. The
first memorandum ran thus :—" Real estate—second son
of Edward Weld, of Lulworth, in the county of Dorset,
Esquire, for life. Remainder to first and other sons, and
heirs male of their body. Remainder, three, four, and other
sons for life, with remainder to their heirs male. Sons of
brother of Edward Weld, in succession."]—Now, gentle-
men, you will find that that is in substance the will that was
framed. At the same time, Mr. Eden made a sketch of the
pedigree of the Weld family, which explains the mistake
in the name. Edward Weld should be Joseph Weld. In
another memorandum, drawn up on the 20th September,
1 find this—" Charles Blundell, Esq., real estates.—Second
son of Edward Weld," and then the Edward is underlined,
and a query put opposite to it, showing that there was at
that time some doubt as to the Christian name of the brother
of Cardinal Weld.—The Attorney-Qeneral read the whole of
this memorandum, which formed the basis of the will.] Are
the letters which I have read the letters of Li madman ? I
wonder when the insanity came upon him. • It must have
been connate, as the doctors say. I cannot say there is any
symptom of insanity in one of the letters that I have laid be-
fore you, and you have heard all of them respecting the
that I am aware of. Although be had decided as to his real
estates, he had not yet intimated how the remainder of his
property was to be disposed of ; but on the 22d of November
he wrote to Mr. Eden, stating that after having maturely
considered the matter, fe should choose to 'leave all his pro-
perty in the public funds, subject to the payment of certain
legacies to fhe Rev. Dr. Bramston and the Rev. Dr. Walsh ;
but he thought it would not be right to inentien the specific
purposes in the will, but to leave it to them in shape of
a bequest, trusting to their honour for the app:caliation of
it to the intended purposes, verbally communicated to them.
This shows that Mr. Blundell had a good knowledge of the
statute of mortmain. if the object had been specified in the
will, probably the buying of real estates, whereby there might
be some catholic chapels or catholic seminaries endowed,
that would have been void by the statute of mortmain. This
might show that he wished to evade the law, but it shows
that he had great acuteness notwithstanding. The jury will
observe, that the only plaintiff on the record is Mr. Blundell,
the person who has taken the name of Thomas Weld Blun-
dell ; but all who take any benefit under the will of the real
estate are interested in your decision—all who have any
leases, or any legacies charged on the real estate. If the will
was to be set aside, these leases are void, and those who have
legacies left to them will be disappointed, as well as Mr.
Weld. A last letter having been sent to Mr. Eden, with the
final instructions of the testator, which were most minute,
most distinct, most substantial, he stated that when the wholt
were thrown into a proper legal shape, the will was to be
executed. The solicitor having executed his part, he accord-
ingly, on the following day, the 28th of November, went
with his clerk, Mr. Ashton, to Ince. They arrived there be-
fore dinner. There was first a meeting in the library ; and
even then, at the suggestion of Mr. Blundell, some altera-
tions were introduced, which you will find referred to in the
attestation clauses. That done, they descended into the
dining-room; and the attesting witnesses, Thomas Baines,
a tenant of Mr. Blundell's, and a man of the name of Rich-
mond, a butcher, of Ince, were called in. These two wit-
nesses had been provided by the testator himself, and there-
fore he had previously, in one of his letters, informed Mr.
Eden that it would only be necessary for him to bring one
witness. On that occasion, in the drawing-room, the will
was executed with all the forms of the law. Mr. Blundell,
having signed his name in the presence of the three witnesses,
declared that to be his last will and testament, and called on
them, as witnesses, to attest that it was his last will and
testament. Gentlemen, a copy now lies before you, and
you will find that that will in every respect carries into
effect the instructions which had been given. He leaves
his real estates to the second son of Mr. Weld, of Lul-
worth, called Edward (by mistake instead of Joseph,) and to
the first and other sons in tail-male, with remainders. You
have seen that Mr. Eden expressed a wish to know whether
the devisee was to take the name and arms of Blundell. He
was, and that condition has beencomplied with by my client.
Then there were provisions for leases, legacies, and annui-
ties, according to the testator's intention ; and the residue of
his personal estates was given to the Rev. Dr. Brarnston and
the Rev. Dr. Walsh. This done, we find Mr. Blundell
writing thus to Mr. John Gladstone, of Fasque, one of the
trustees, to whom a legacy of £B,OOO had been left. The
letter is dated—" Ince, Christmas Eve, 1834 ;" and, amongst
other things, says, " I have passed some time this year in
making a final and general arrangement of my affairs. I
have been wishing to deposit my. will in some place, where I
should be sure that it would, be safe; and it would-be very
satisfactory if you would allow me to place it in your strong
box at Liverpool." [The letter then proceeded to descant
upon domestic, political, and other matters : it seemed, as
well as all the other letters, to be extremely well written.]—
Here I close my history of the will. I have shown you, that
not only before but after the will was made, Mr. Blundell
was fully aware of its contents—that he 'entirely approved of
it—and was anxious to carry it into effect; and that he was
also anxious that no trouble should be given by his heirs- at-
law. Under all these circumstances,•are you to say that a
will so framed, so prepared, so executed, so recognised, is to
he set aside as a mere nullity ? The testator died On the 30th
October, 1837, three years after the making of the will,
without any alteration. He died in the complete possession
of his faculties. Soon after he died, a bill was filed in the
Court of Chancery on behalf of the devisees who were to
take the real estate under the will, for the purpose of esta-
blishing it. On that occasion the present defendants ap-
peared, and denied the validity of the will. They never, in
the life of the testator, had taken any steps to put him in re-
straint, nor had ever done otherwise than treat him as a rea-
sonable being. In this proceeding in Chancery, there were
depositions made in suppoit of the will, containing the great
bulk of the evidence I shall lay before you. There was no
evidence on the other side. That is an advantage which the
heir-at-law possesses. However strong the evidence in sup-
port of the will may be, the heir-at-law has a right to say that
the testator was incapable of making a will, and be entitled, be-
fore the will is established, to have what is called. an issue,
whereby the validity of the will may be tried before a jury.
It is in the exercise of that power that an issue has been
claimed in this case ; and that issue you, gentlemen, have
now to try. Gentlemen, on the present occasion there is no
pretence for saying that the testator, Mr. Blundell, was an
idiot; that he was imbecile; or that, whether from accident
or disease, he had ever been out of his mind. There was no
ground for saying, that his will was prompted by a belief of
facts which had no existence. 'Well, then, what is my
learned friend to insist upon ? Will lie say that the will
itself shows insanity? Gentlemen, it is quite immaterial
whether you approve of the scheme of the will or not. The
law gives the possessor and owner of real property the power
of disposing of it as to his own mind seems right. But I'do
not see any indication of irrationality in the will. He had
two sisters married into the families of Stonor and Tempest.
It is quite clear that he had an object to keep up the famly
name of Blundell. If he had died intestate, what would
have been the consequence? Why, the Stonors and the
Tempests would have taken Ince Blundell in moieties ; it
would have been sold, and the name of Blundell, of Ince,
would have ceased to be known. The two sisters of the tes-
tator had been amply provided for. The Stonors and Tern-
pests had between them the whole of the Lestock estate,
besides which they had both ample possessions of their own ;
and how can they have anything to complain of, if it were

the wish of Mr. Blundell to select some distant relatives—
a younger son, and make him the stock from which there
should be a new ,race of Blundells, bearing their name and
using their arms,4md in this,.manner, as far as the testatot
was able, perpetuating the great catholic family of the Blun-
dells. He thought that the property could thus be as much
enjoyed, and more for the credit of his name and the catholic
cause, than if it went to the Stonors and the Tempests. I
will now state what I gather from the cross-examination of
the witnesses in the Court of Chancery, on what ground the
will is to be set aside. They produced no evidence ; but they
cross-examined the witnesses in support of the will at great
length, and from that I conjecture what are the points to he
made by my learned friend, the Solicitor-General. There

were a vast many questions as to the mistake that was made
about Edward instead of Joseph. My client is the second
son of Joseph Weld, and in the will he is called Edward.
I supposed that is to be &lied insanity; but there is not
the slightest doubt who was meant. The cardinal was
the eldest son ; and when he obtained his dignity, he ex-
ecuted a deed by which he settled his estates on his brother
Joseph. That Joseph is the father of my client; but he is
called Edward in the will, although he was rightly called
Joseph in the will of 1827, and in 1821 a blank was left for
his name. He is described as the second son of Mr. Weld,
of Lulworth ; and the Weld then in possession, the reigning
Weld, was meant. There can,
_ therefore, be no doubt on
that point. It appears, too, that it is to be stated that the
testator was estranged from his nearest relations. Is that
a proof of insanity ? He thought that he had just grounds to
be estranged from them, on account of the will which his
father had made, and which, he thought, had been prompted'
by the Tempests and the Stonors. But whether he was justi-
fied in being estranged, or not, is wholly immaterial. You
are not to say that in every case in which a man quarrels with
his nearest relations, he cannot make a will, and that it is to
be set aside on the ground of insanity. Then I learn, also,
that it is to be said, that he was a man of very peculiar ha-
bits. He used to dine always at two o'clock ; he was very
slovenly at times in his dress ; he used to bathe in the winter
time, break;ng the ice. lam glad that the vice-chancellor is
not here, as he might be afraid of his will. It is to be urged
that he used to go to a pond, break the ice, and swim about,
and that he had a great fondness for air and freshness at all
times—that he was sometimes passionate to his servants —and
I dare say that a good deal of this may be true. lie was, I
believe, on the whole, a good master, notwithstanding. He
was kind to his servants in life, and kind to them in death ;
but, being uncontrolled, and surrounded by dependants. he
was, at times, probably, tyrannical and capricious. For that
reason, it was said, he was incapable of making a will ! If
such reasoning were to be allowed, no will could stand. But
now I conic to what I understand, is to be the great text on
which my learned friend is to discourse—namely, certain
words used by Mr. Eden in his cross-examination. Unfor-
tunately, Mr. Eden is now dead ; but when he was alive, he
was examined and cross-examined, and that cross-examina-
tion may be read by either side. The Attorney-General read
Mr. Eden's evidence before the Court of Chancery at full
length. It was in effect that the witness had doubts whether
in all respects, in every acceptation of the words, the said Mr.
Blundell was of sound mind ; but though he had peculiari-
ties, he was, nevertheless, competent to make a will, to attend
to and fulfil the ordinary duties and objects of life, and he was
olsane disposing mind, when he gave Mr. Eden his instruc-
tions ; and he (Mr. Eden) believed that he did know and
understand, and was capable of knowing and understanding,
every thing connected with that will at the time it was exe-
cuted. Let the jury take that altogether, and it amounted to
a solemn declaration on the part of Mr. Eden, upon oath,
that the testator was sane. He should now proceed to lay
before them the evidence before him. He might stop where
he was ; but he knew the ingenuity that was arrayed against
him, he knew the greatness of the stake—upwards of nine
thousand pounds a year ; and he felt that it was his duty to
go on, and lay before them the further evidence which he
would have to give in support of his case. He would prove
that he had the management of all his affairs up to the period
of his death, and that there never was any suspicion with re-
gard to his capacity. In 1811 he suffered a recovery of large
estates. A part of the property inherited from his father
was sold at Preston, in 1824, for £5,500. Was that sale to
be set aside? Did Lord 'Camoys intend to tell them that he
was to take possession of the property at Preston? He had
just as much right to it as to any other for which he was
contending in that court. Did he mean to set aside all the
leases ? He might according to the case which he had
brought forward, because if Mr. Blundell was out of his
mind, all his leases were null and void. A gentleman, named
Wood, had lent £4,400 to the purchaser of the Preston
estate. This gentleman knew Mr. Blundell well; was a
frequent visitor at his mansion, and was in habits of inti-
macy with him. If he had had any doubt of his sanity, did
they think he would have lent money on mortgage on that
property, seeing that the sale would have ben made
null and void, and he certainly not in a very good position in
such a case ? It would make strange work if such solemn acts
could be set aside with the facility that some persons seemed
to suppose. He should show the dealings of the testator with
his bankers •, the orders which he gave for the profitable
disposal of his money. He had several attorneys. He
had corresponded with them, and he (the Attorney-General)
should leave it to the jury to say whether his letters did not
indicate a strong and acute intellect. He had also corres-
ponded with many booksellers, and they would see from the
letters to them the bent of his mind and talents. He had
been a surveyor of highways, and took part in all the tran-
sactions, great and small, that came within the sphere of his
exertions. Mr. Eden was dead, hut he should call the sub-
scribing witnesses to the will :—Mr. Ashton, Mr. Baines,
and Mr. Ridgway. He must put the jury on their guard
here. If of the subscribing witnesses to the will should
express a different opinion on the sanity of the testator, they
(the jury) were not bound by that. He (the Attorney-Ge-
neral) had a large body of witnesses of all religious persua-
sions, catholics, members of the church of England, and dis-
senters, medical gentlemen who had attended him, friends,
country gentlemen, with whom he was in habits of intimacy,
his neihbours, and some of his domestics. He should call
his valet, William Hall. He should call men of literature,
who had known and corresponded with him, men of eminence,
integrity, and honour. He had lying before him a great body
of epistolary evidence; of letters to and from the testator,
which showed the manner in which he conducted his affairs,
and the esteem in which he was held. lie thought lie should
best discharge his duty by reading this correspondence him-
self, and it would not be necessary to read it again. By
adopting this mode, he should have an opportunity of making
such remarks on the letters as seemed to be called for. The
Attorney-General 'here explained a rule respecting letters to
the testator, which was, that if endorsed by him, or acted
upon by him, they might be read in evidence. Lie should
furnish such proof as was required of all the documents which
he read.

The court here (at one o'clock) adjourned for a short time,
and the jury and the counsel on both sides retired for re-
freshment.

When the court resumed, the Attorney-General said, be-
fore he read the correspondence he would supply one slight
omission. Eighteen or twenty years ago, when Mr. Blun-
dell was surveyor of highways, he was indicted for man-
slaughter. It was formerly usual to have the highways paved.
There was a road in Ince which was to be paved, and which
was greatly interrupted by carts. Mr. Blundell ordered that
a line should be passed across the road, and he placed a
watchman there to attend it. The watchman left the post ;
and, while he was absent, an old woman was passing along
with a cart. The horse ran against the rope, the cart was over-
turned, and the old woman was unfortunately killed. An in-
dictment was laid against Mr. Blundell, as surveyor, for man-
slaughter, of which charge he was acquitted. Various spies-
dons had been addressed in the Court of Chancery on that
transaction, because Mr. Blundell, as surveyor, had directed
the line to be placed across the road. They would see to
what extremities the parties were driven, when they wished
to impeach his sanity on such grounds as these. He should
read the letters to which lie had alluded in classes, as those
to his bankers, solicitors, booksellers, and so forth. The
learned Attorney-General here proceeded to read a most vo-
luminous mass of epistolary evidence, commencing with the
letters of the testators to his bankers. The first was dated
May 28, 1830, addressed to Hugh Jones, Esq., Bank,
Brunswick-street. It ordered a purchase of consols with all
the money of his in possession, except a reserve of £1,500,
and expressed his opinion that consols would fall during the
summer. A letter, dated 16th November, 1830, was ad-
dressed to Messrs. Heywood, and ordered that all the money
of his, except a certain reserve, should be laid out in the pur-
chase of consols. Letters dated 18th August, 1831, 19th
April, 1832, 18th May, 1832, and one without date, gave
similar orders, directing in such case a reserve of from £l,OOO
to £2,000, and limiting the price at which the purchase might
be inade. A letter of the sth October, 1832, ordered a pay-
ment of £2O to the committee of the reserved fund for the
charities of Liverpool. Letters of November, 1833, of 15th
March, 1834 (the year the will was executed), 21st October,
1834, 12th November, 1834 (when he had by him the draft of
the will), and 15th November, 1834, were read, ordering pur-
chases of land, with all the sums of money belonging to the
testator, at such respective periods in the bank, excepting re-
serves of £l,OOO each time, making remarks on the value of
bank stock, and the probable issue of investments therein,
and commenting generally on business transactions in a man-
ner which, the Attorney-General said, betrayed great pru-
dence, shrewdness, foresight and sagacity. There were
similar letters, bearing date 16th November, 1835, and
12th November, 1833, expressing anxiety that the purchases
should be made forthwith, in order to be in time for the
dividends. The Attorney-General said, he would not trou-
ble the jury with any more of the class of letters to bankers.
A vast number of other letters, both from and to st. variety
of individuals, on books, painting, sculpture, law, physic,
and divinity, were read and commented on by the Attorney-
General. Amongst the writers of letters to the testator were
Dr. Hodgson, Master of Brazennose College, Oxford, one
of whose letters intimated that the writer had given an in-
troduction to the testator to his Royal Highness the Arch-
duke Maximilian, of Austria, then on a visit to this country;
other letters were from Mr. Robert Triphoodr a dealer in
curious books, of which, and scarce editions, the testator
appears to have purchased a great many ; another was from
Peregrine Edward Towneley, Esq., of Towneley, the father-
in-law of Lord Camoys, accepting an invitation to Ince Hall ;
others were from Dr. M`Cartney, a physician of Liverpool ;
Dr. Carson, of Liverpool ; Mr. Thomas Baines, who was
making collections of engravings, &c., for a county history ;
the, Rev. Dr. Shepherd, of Gateacrc ; Dr. Lingard, the his-
torian an artist named Mazzoni, relating to the transmis-
sion of a statue of Theseus to Ince ; another, which excited
some amusement, was from Mr. Joseph Hume, M.P., dated
Bth of January, 1825, and endorsed "Joe Hume;" it con-
tained thanks for an offer of game (the subject of many of
the letters read), and promised, if evar within 100 miles of
Ince, he would certainly pay his respects to Mr. Blundell.
Others were from Sir Roger Wilbraham ; Mr. Greaves, an
ornithologist; the Rev. J. F. Hornby, Rector of Winwick ;
Mr. Winstanley and Mr. Christie, auctioneers, one of the
latter containing an amusing anecdote of Thorwaldsen, the
sculptor, and Mr. Alexander Baring (now Lord Ashburton),
who had purchased of the artist a statue of Mercury ; the
point of the anecdote depends on the peculiar phrase and
turn of expression in Italian. At a quarter to six o'clock,
the learned advocate expressed his fears that the jury would
be fatigued at listening so long to so many various details,
and he put it to his lordship whether he should fatigue him
and the jury by proceeding further that evening.
His LORDSHIP thought the Attorney. General, after speak-
ing so many hours, was best entitled to complain of fatigue.
However, the question perhaps was, whether the address of
the learned advocate was likely soon to come to a close.
The ATTORNEY-GENERAL said he was bound to say, that
it would be his duty to read a great many more letters.
His LORDSHIP thought the court had better now adjourn,
which it did a few minutes before six o'clock, to nine the
following morning.

USDAY.
The ATTORNEY-GENET
RALE resumed his statement of the
case at ten minutes past nine o'clock, shortly after his lord-
ship entered the court.
The learned advocate said, without any preface he should
proceed to lay before the jury a mass of additional epistolary
evidence which would prove the confidential terms in which
the testator had lived with his neighbours, and the terms in
which he had been addressed by persons distinguished for
their learning arid abilities. The Attorney-General proceeded
to read letters from Mr. Blundell's neighbour, Mr. Formby ;
from Dr. Hodgson, master of Brazennose ; from Lord Sef-
ton, from Mr. Johns, from Mr. J. S. Leigh, of this town ;
from the Rev. Mr. Pope, a Catholic priest; from Mr. Stale,
a wine.marchant ; from the late Mr. Roscoe, from Campbell,
the author of the Pleasures of. Hope; from the Mostyn fa-
mily, from Mr. Silvertop, from Mr. Bullock, an auctioneer ;
from Mr. Scarisbrick, from the late Mr. Joy, barrister-at-
law ; from Messrs. Eden, junior and senior, solicitors, of
this town ; from Mr. Winstanley, auctioneer of this town,
from the late Mr. Charles Rutter, barrister-at-law, a very
distinguished lawyer, and a writer of some repute amongst
the Roman Catholics, who dedicated one of his works to the
testator, and from several other persons on a vast variety of
subjects, as philosophy, theology, politics, literature, paint-

ing, sculpture, ornithology, criticism, the passing events of
the day, gossip, sporting, county business, legal affairs, and
the management of his own concerns and property. There '
were also letters from himself to some of the above-named
individuals, on business, sporting, &c.
The ATTORNEY-GENERAL said, having laid before them
this epistolary testimony, showing the great confidence and
regard that were shown to the testator by so many distin-
guiShed persons, who addressed him in the most friendly and
affectionate terms, and who consulted him and seemed to
place confidence in his judgement, he might well leave the
case wheie it was ; but, considering the greatness of the stake
and the importance of the question, he should call a great
number of living witnesses who knew the testator, and, from
their habits of intercourse with him and the long time during
which they had been acquainted with him, were best able to
judge of the state of his mind. He should call before them
Robert Hall, who had been his body servant and about his
person many years. He should call Mr. Bickersteth, a bro-
ther of Lord Langdale, Mr. Howard, the member of parlia-
ment for Carlisle, and his father, Dr. Carson, a respectable
physician of this town, Dr. Shepherd, to whose opinion he
was sure they would listen with great respect, Sir Frederick
Pollock, who was some years leader of this circuit, and one
of the most distinguished ornaments of his profession, who
was not only a great lawyer, but a great lover of literature.
Sir Frederick had twice visited the testator at Ince, with
Lady Pollock and his daughters, and he believed he was quite
delighted with his intelligence and information. Dr. Shep-
herd said, the oddities of the testator were merely those of
an old bachelor. He would not make any harsh observations
on the conduct of the defendants in this case; he would
merely wish that they had rested contented with the ample
possessions with which God had blessed them, rather than
thus endeavour to gain more by impeaching the understand-
ing of their relative. If they hoped from the chances that
might arise in the course of a trial to carry their object, he
trusted that object would signally fail, and, that the verdict
would discountenance such attempts in future.

The learned Attorney-General concluded his address at
half-past twelve o'clock, having commenced on the preceding
day at nine in the morning.
Mr. ALEXANDER said, he would first put in the will of 1809.

William Hudson produced the will. of Henry Blundell,
dated 24th of July, 1809, and codicil, dated 25th May, 1810.
The clerk of the court read part of the will. As it was very
lengthy, the various remaining bequests were stated. The
testator left one-half the manor of Lydiate to his son, Charles
Blundell, with his moveables, pictures, &c., and the remainder
to the son who first attained the age of 21, in the manner of
heir-looms, with Ince-hall. An act of parliament was ob-
tained, which received the royal assent on the 7th of July,
1817, for partition of certain of his property, left from Charles
Blundell. between the families of Tempest and Stonor.
Mr. Edward Lovett, a surveyor, proved the value of the
lands in question to be nearly £B,OOO a-year. The rental was
nearly £B,OOO a-year, but the valuation made in 1817, was
£ll,OOO a-year.

Mr. John Eden, solicitor, of this town, stated that, in
1821, he was in the office of IVlessrs. Stanistreet and Eden.
In September in the year 1821, he attended the late Mr.
Blundell.. (Will produced.) Was the subscribing witness to
that will, which he saw executed at Ince, by the late Mr.
Blundell. Saw Mr. Heathcote and Mr. Thomas Baines at-
test it also. That will was prepared at Ince-hall, by his
(witness's) father. Mr. Blundell was, at that time, confined.
to his bed from some injury to his leg. He had been a client
of the firm before that period.
The will, bearing date 10th September, 1821, was put in
and read. • •

The recovery under the will of Henry Blundell, in 1811,
and the death of the attesting witness, were proved. The re-
covery was proved as an act done by the testator.
The will, bearing date 15th March, 1827, was put in and

read.
Joseph Yates Ashton, Attorney of this town. In 1b34
was clerk to Messrs. Eden and Son. In 1834 a will was
prepared in our office for Mr. Blundell. I went over to Ince
on the 25th November, 1834. We went into a room, and
Mr. Eden left me and went to Mr. Blundell. The will was
not executed on that day. I met him at dinner on that day.
There was no other person at dinner but us three. The con-
versation was principally between Mr. Eden and Mr. Blun-
dell. He spoke as gentlemen usually do. He asked me if
I were connected with the Ashtons of Woolton-hall. I was
in company with him about an hour. lam not aware that I
had ever seen him before. He drank wine with me. I had
no reason, from what I saw that day, to think that he was
incompetent to make a will. He conversed ia a rational
manner. After dinner I returned to Liverpool. I went
again with Mr. Eden on the 28th. I knew that I was going
to be a witness to a will. Mr. Eden went up stairs again.
and I went and walked about the grounds. I was afterwards
requested by Mr. Eden to go up into the library. I found
Mr. Blundell there. Mr. Eden brought the will from the
other end of the room and requested me to make some alter-
ations in it. I did so. Witness here pointed out where the
alterations occurred. These alterations had been made by
Mr. Eden in pencil. Mr. Blundell was present during the
whole of that time. I think Mr. Blundell went out of the
room. He returned immediately. We afterwards went into
the dining-room, where Mr. Blundell told his butler to call
in Baines and Richmond. They came immediately. I saw
Mr. Blundell execute every page of the will. I attested it,
and the other two witnesses did the same after he had de-
clared it to be his will. I afterwards dined with Mr. Blun-
dell that day ; Mr. Eden dined with him also, but nu one
else. We left for Liverpool about an hour after dinner. The
conversation was very general, but he did not say much. He
referred to electioneering and the state of the game and
crops on his estate. He drank wine .with myself and Mr.
Eden. He conducted himself in a rational manner, so far
as I could judge. He appeared to be infirm, and his eye-
sight had failed ; so much so that we were compelled to have
a candle when he signed the will. I am quite decided that
he was fit to make a will.
Cross-examined by the SOLICITOR-GENERAL.—He was '
rather silent, but did not appear out of spirits. He said
nothing that particularly attracted my attention.
Thomas Baines—l am a farmer in the township of Ince. I
knew the late Mr. Charles Blundell. In the year 1821, I
recollect that he was ill, in consequence of a fall from his
horse. He was confined to his bed .a short time. He was
supposed to be seriously ill. I was called in to witness his
will. (Will produced.) He was still ill at the time. It
was executed about one o'clock in the morning. I saw him
sign it, and heard him declare it to be his last will and testa-
ment. (The will of 1834 was produced.) I recollect, in 1834,
being requested to witness another will of Mr. Blundell's.
I was sent for to the hall sometime after twelve o'clock. I
Saw Mr. Blundell in the dining-room, when I was called in
to sign the will. There were present Mr. Eden, his clerk,
and Mr. Richmond. I saw Mr. Blundell sign the will, and
I witnessed the will. I saw Mr. Ashton and Mr. Richmond
sign it in. Mr. 131undell's presence. When I had left the
room he sent for me back again. Mr. Mendell desired me
not to say anything about what I had .been doing. He ap-
peared perfectly aware of what he was doing. I had not the
least hesitation in witnessing his will.
Cross-examined by the SOLICITOR-GENERAL.—I lived
near the testator, and was in the habit of seeing him fre-
quently. He was accounted odd. He did many nonsensical
things. Sometimes if we spoke rather too laud for him, he
would run across the room and stuff cotton in his cars. He
sometimes used hard words to us. Sometimes he swore.
You know what an oath is. He swore very often by his
Maker. He would say, " Now, by Gad, if you speak this
way, I must have my ears stuffed with cotton?' Sometimes
he said "by God." Sometimes, when we spoke moderately,
he said he was not deaf. One time he told me he must go
home and get his ears syringed, I had spoken so loud, and
he did do it I believe. If I could think of all his odd things,
I would be here till morning. He was rather changeable.
Sometimes he would give orders, and countermand them im-
mediately. He was rather passionate, or at least he appeared
so. Sometimes he appeared to be in a passion. Four or five
years before his death, Miss Ainsworth had been at the but-
ler's, about a quarter of a mile from the hall. He had for-
bidden me from receiving Miss Ainsworth. He asked me if
she had been at my house. I said no. He said it he had
known she had been at the chapel, he would have put her out
by the shoulders. I believe she had been at the chapel. He
swore a grand oath, and said what he would have done if she
had been at my house. 1 can't say what his words were, but
the purport of them was, that he would have turned me off
my farm. He did not say why he forbade me from receiving
her. She was a respectable lady, for anything I know. He
used to ride about on a pony. Sometimes he had a compa-
nion. Sometimes it was a man, and sometimes a woman.
From the last three to four or ten years past it was more fre-
quently a woman. It was Mary Shaw. She wore a petticoat,
a pair of leggings, and a blue jacket. (Laughter.) She was
very frequently his companion. They seemed very agreeable
generally. (Laughter.) The man who went with him was
generally one of his grooms. It would be Tidmarsh gene-
rally. I have heard him and Mary Shaw talk together. They
talked familiarly. I never saw him show any particular
marks of kindness to her. I swear I never saw him kiss her.
She was a work-woman at the Hall ; she looked after pigs or
cattle, or any kind of work, the same as another woman. I
don't remember to have seen Mr. Blundell out in the rain.
I never saw him strip in the rain. I never saw him undressed,
save in the apartments of the Hall. I have repeated the
principal oddities, and I don't remember the others. He
was equally odd at all times. I dare say I have seen him in
chapel, but I never looked—l never turned my head. I
could not see him without turning round. I never saw him
reedits:, a newspaper in chapel. I have heard him speak of
his father. He generally spoke of him as " the late posses-
sor of this place." I have heard him speak of him as his
father. I don't recollect that I ever beard him speak of his
sisters as the daughters of the late possessor. I was a tenant
from year to year. I did not frequently go into his picture
gallery. I have been in his gallery. The statues were white,
or should have been ; some of them were whiter than others.
The statues rather exhibited the appearance of neglect and
damp. The cows did not go into the place that I know. I
never saw marks of the cows having been there. The sky-
light was broken, and the building where the statues were
was not in the state it should have been. The walls were in
rather a rough state. One building was called the pantheon.
My answers applied to the pantheon. I think the other
building was rather better, but it was very bad. The glass
was all gone from it. The plaster was falling oil' the walls-
I never saw Mr. Blundell in either of the galleries. I don't
know that-anything was done -from the time of his father's
death at these galleries.
Re-examined by the Arronsray-GENERAL.7—The statue
galleries were a little distance from the house. I paid my
rent to the steward in general. Mr. Blundell had an establish-
ment of servants at Ince, and was visited there by company
from time to time. I have seen his friends there. I have
been out frequently with him and other gentlemen. He used
formerly to go out shooting. He had always as many oddi-
ties formerly as latterly. He was well acquainted with his
own business, but I don't think he knew much about farm-
ing. He frequently employed me to buy things. He always
appeared to understand the account when I stated it to him.
I sometimes paid with my own money. He settled with me
himself sometimes. He once kept a balance in his hands of
Is. Bd. He frequently gave ma money to carry to the
bankers : many a thousand pounds. I always took the book
and brought it back to him. Witness went on to state, that
the testator had transacted country business, &c. When
witness was overseer he generally consulted Mr. Blundell,
and took his opinion : it always appeared very good, and I
always acted upon it.
By the SOLICITOR-GENERAL.—With respect to the Is. Bd.
—I asked lain for it, and he said, " Oh well, it'll do another
time." I always took care to give him even money after-
wards, so that I should have no change to receive.
Christopher Richmond sworn.—l am a butcher and farmer
near Ince. Witness proved his attestation of the will of
1834, and that Mr. Blundell and the other witness had signed
the document.
The deposition of Mr. John Eden before the Court of
Chancery was here put inand read, 11 set forth that the de-
ponent and his partners had acted as solicitors to the testa-
tor, and described the course of business which led to the
making of the will, as instructions, &c. It further contained
a draft of the will.
The will of 1834 was taken as read.
A letter to Mr. Eden was read, which, with the other let-
ters now produced, were referred to in Mr. Eden's deposition.
A letter dated Ince, Sept. 15, 1833, to Mr. Eden was read,
requesting him to come over and make a slight alteration in
the codicil of the will of 1827. It afterwards appeared to have
been determined to make a new will altogether, and accord-
ing to correspondence between Mr. Blundell and Mr. Eden,
covering a space from 16th Sept. 1833, to Dec. 1834, all of
which was read by the clerk of the court, the instructions
for this were given from time to time, and the draft was gra-
dually perfected according to such instructions, till the testa-
tor expressed himself satisfied. In one of his notes of in-
struction, he said he wished to leave all all his funded pro.
perty to the Rev. Dr. Brampton, and Dr. Walsh, of Wolver-
hampton, for purposes which he would not then specify. In
a letter to Mr. John Gladstone, whom he made one of his
executors, and on whom he bestowed a large legacy, he spoke
of having made his will, and ex pressed his gratification that
Mr. Gladstone's sons were in a fair way for preferment.

At six o'clock, the court adjourned

WEDNESDAY

The case was resumed at nine this morning. The follow-
ing witnesses were in the course of the day called in behalf
of the plaintiff :—Mr. W. Wood, solicitor, of this town ;
Ottiwell Wood, Esq. ; Sir F. Pollock ' • H. Jones, Esq..
'
banker, of this town • W. M. Bothwell, Esq. ; Dr. Trail ;
Dr. Carson ; Mr. B. Forshaw, surgeon ' • Dr. Bickersteth ;
T. Molyneux Seel. Esq. ; the Rev. T. Moss, vicar of Wal-
ton •, J. B. Yates, Esq. ; Peter Tasker, gardener at Ince
Hall; Alice Brown, the cook ; Miss Fletcher, daughter of
the testator's late steward ; Peter Lovelady, farmer at Ince ;
Mrs. Kaye, housekeeper, who had been in the family for 40
years; Joseph Wilde, of Suttworth ; H. Howard, Esq., of
- -
Corby

W. J. Unsworth, of Maghull ; Dr. Lingard, the
istoian ; Sir T. Stanley ; the Rev. Jon. Brooks ; J. T.
Houghton ; Rev. G. Vanburgh ; A. Martin ' • Mr. G. Ro-
binson, bookseller, of this town ; S. Stanifo rth ; and Dr.
Shepherd. All these proved that they had, during a number
of years, been on terms of the greatest intimacy with the tes-
tator, and spoke in the highest terms of his capacity, en-
dowments, and acquirements. All the witnesses expressed
themselves fully satisfied of the testator's competency to
make a will.

The case for the plaintiff closed at a quarter-past six
o'clock, when the court adjourned.

THURSDAY.
CANIOYS V. BLUNDELL

The case of the plaintiff having terminated last night, it
was expected that that of the defendant would have been pro-
ceeded with this morning. His Lordship took his seat at
nine o'clock.

The SOLICITOR-GENERAL rose and said, that in common
with his learned friend who sat beside him (Mr. Cresswell)
he had the honour to appear as counsel for Lord Camoys
and Mrs. Tempest, the heir and heiress-at-law of the late
Mr. Blundell, Mrs. Tempest being the sister of the t!stator,
and Lord Camoys the son of another sister. They appeared
before the jury, holding the relationship stated, for the pur-
pose of taking the opinion of the jury, under the direction of
the Court of Chancery, with regard to the validity of the will
made by Mr. Blundell, by which an estate of £9OOO a-year
had been transferred from the family of the Blundells, after
having been in their possession from a period not far remote
from the Conquest down to the present time. It would oc-
cur to every one that the loss of property to that amount, to
any family whatsoever, tnust be seriously felt, even when the
mere amount alone was considered ; but there was oftentimes
a value attaching to property far beyond its pecuniary amount;
and in this country especially, alleged to be a country of pre-
scription, estates enjoyed by a mans own ancestors, by men
of his own blood, for many hundreds of years, possessed a
value very much beyond that of the income, so that even the
substitution of another estate of equal worth would not be
esteemed a compensation. The pride of family and ancestry,
said to furnish motives for high and honourable conduct,
was in this country highly esteemed. That this estate should
have departed from the blood and family of the Blundells
into another family, and that that ancient family should also
have sunk, must add to the feeling of poignancy and regret
which would attach to the mere loss of the property. Indi-
viduals who could submit to be dispossessed of an estate
under these circumstances, without seeing that it took place
under circumstances that the law sanctioned, would not only
show an indifference to private interest uncommon in human
nature, but an indifference to the best and most honourable feel-
ings and motives. Under these circumstances, the defendants
had thought it right to call en those who claimed to possess the
the property, to their exclusion, to show and prove, before a
properly constituted tribunal of the country, under what cir-
cumstances that dispossession took place, or, in other words,
how the will was made. In so doing they had not only done
what his learned friend was compelled to admit they had a
right to do, but they had discharged a duty to themselves, to
their families, and to principles entitled to the highest re-
spect, and which, if they had not done, would have marked
them as possessing minds of a very different description to
what might have been expected from a family who had so
long bee❑ possessed of honour and respectability. These
were the parties represented by his learned friend and him-
self; and the question involved in the important case now
before the jury was not whether Mr. Blundell was a gentle-
man of extensive general capacity, not whether he was a man
full of intelligence, or deeply learned, but whether his mind
was an uninjured mind, whether it was in a sound and whole-
Born

tate with regard to the disposal of that property. It
was well known that individuals might possess great general

capacity to any extent, united with partial insanity: His
learned friend had correctly stated that in this country the
law gives to every man the power of disposing of his property,
even according to his whim, his prejudice, or caprice. Pro-
vided it be his will, provided it be the genuine result of an
undiseased mind, the law gives effect to it. But the law re-
quires that the mind should be free from disease or taint.
Numbers of cases have occurred of great general capacity
allied to disease on one particular point, thus prejudicing the
power to dispose in a legal way ; and on that ground, though
there had been great general capacity, the will has been held
to be void. The admitted facts of the present case were that
Mr. Blundell, a kind, and able, and benevolent man, as it
was said, did—when his father died, leaving him an estate,
which must certainly have descended to him, of considerable
value, as well as other property, because his father had de-
vised an estate to his two sisters—dispute his father's will, as
had been observed. It was next found that from that hour to the
hour of his own death, he had constantly referred to his deceased
parent, not as his father, but as " my predecessor," and " the
late proprietor." At last, finding old age coming upon him, he
devised his estate to a family with which he appeared to have
had as slight an intercourse as could well have been imagined.
The only relation between the families arose through one
sister having married into the Weld family, and one into the
Blundell family. There was no blood relationship. Under
such circumstances, was it natural or proper that the circum-
stances that attended his state of mind should nut be investi-
gated ? Beyond all doubt. And what were the circumstances
proved ? The gentleman made three wills, each will exhibit-
ing a constant change of purpose, and at last left his property
to one who was in every sense of the word a stranger, and
who was described as the second son, not of Mr. Edward
Weld (as the plaintiff was), but of Mr. Joseph Weld. He
(the Solicitor-General) had, on the part of the defendant, a
body of most respectable and honourable witnesses—indivi-
duals who could speak to their communications with Mr.Blun-
dell, and on whom a very different impression had been made
with respect to his eccentricities than had been made on the
witnesses for the plaintiff. But, after the evidence that had
been heard from a body of persons such as were not usnolir
produced, he was free to admit, and he bad the concurrence
of his learned friend (Mr. Cresswell) to say so, than they
were of opinion that the evidence that they had to offer
would not be sufficient to entitle them to ask for the verdict
of the jury. If he and his learned friends had been of opi-
nion that the evidence which they were enabled to produce
was at all likely to procure for the heirs at law a verdict, it
would have been their duty to spare no efforts ; but they did
not feel it to be their duty, and they had not the sanction of
their honourable:c"e it and his lordship to back them, to
open a body of evidence which they felt would not induce
the jury to find a verdict in opposition to the evidence which
had been heard. The plaintiff must therefore take the ver-
dict. There yet remained, however, other and important
points, as to the instructions with respect to and the con-
struction of the testator's will. The defendants therefore
now retired from the contest, leaving the questions referred
to to be agitated by those jurisdictions to which they properly
belonged. The evidence was such that, in the present state
of the case, the verdict must be for the plaintiff.
His LoansinP then observed that the course which this
case had taken, relieved the jury and himself from any further
trouble. He had no doubt that they and himself had been

keeping their minds perfectly suspenAed and open to receive

any counter impressions which the evidence for the defend-
ant might have presented. At the same time he dared to say
that they had felt with him that it was almost impossible not
to come to the conclusion that the case of the plaintiff was one
that could not he rebutted. Under these circumstances it
required no indorsement from him to say that the course
taken by the learned Solicitor-General was what duty to the
court, the public, and his client made necessary. Quite inde-
pendent, however, of all the circumstances of this case, he was
one of those who thought that in proceedings of this sort, na
blame could, under any circumstances, be imputed to the
heir-at-law, in insisting on his right of having the matter
fully investigated. His lordship stated the course pursued
by the Court of Chancery in e- sea of this kind, in support of
the position which he had laid down.
The ATTORNEY-GEN ERA L said that the validity of the will

having been established, he had great pleasure in stating that
Lord Camoys, with whom he had the honour of being
acquainted, had acted most honourably and fairly, and that the
plaintiff, who considered Lord Camoys as his relation, looked
on him with kindness and respect.
The jury then returned a verdict for the plaintiff. The case
terminated at twenty minutes to ten o'clock.

Several causes of minor importance were afterwards tried,
and the court adjourned.

Mr. Fisher, the Master of the Sudbury Union Workhouse,
has been fully committed to the next Bury sessions, on a
charge of embezzlement.

On Monday last a skylark, the plumage of which was per-
fectly white, was shot on West Ford Farm, Devonshire, by
Mr. Joseph Pitts, jun. This is deemed by naturalists a great

curiosity

DEATH OF LORD GARVAGII.—This noble lord, who ob-
tained his peerage through Mr. Canning, to whom he was
related, died last week at Chalons-sur-Marne, on his way
home from Wisbaden. His lordship was in his 62d year,
having been born in November, 1778. In 1803 he married
Lady Georgians Stewart, daughter of the first Marquis of
Londonderry, by whom (who died in 16 months after) he
had no children. His second wife, whom he espoused in
July, 1824, was Rosabella, eldest daughter of the late Robert
Bonham, Esq, and by her he has left a daughter and two
sons, the eldest of whom, Charles Henry Spencer George—
now Lord Garvah—is in his 15th year, having been born
March 17, 1826. The late Baron was an Irish Peer, F.R.S.,
and F.S.A., and Lord Lieutenant of the county of Fer-
managh, which appointtnent is rendered vacant by his death..
Ma. OASTLER.—We are informed that this gentleman.
intends in about a fortnight to pay a visit to his friends in.
Huddersfield, on which occasion it is intended to give a de-
monstration of public feeling in honour of the great cham-
pion of " the rights of the poor to liberty and life." Great
and active preparations are now making for that purpose ; it
is proposed that a large deputation shall proceed to meet the
" King" at Honley, and escort him thence to Huddersfield,
where he will make a-property. Men, women, and children
from the mills, in fact the working classes in general of the
district, are on the move, and are determined that the cham-
pion of Humanity versus Whiggery shall be received with
every honour on his entry. It is in contemplation to hold a
central Anti-Poor-Law meeting of the thirty-four townships,
comprising what is termed the " Huddersfield Union," on
the occasion of Mr. Oastler's visit, and also to give him a
public dinner.—Halifax Guardian.
DEATHS.—Amongst the many facts stated in the second
Annual Report of the Registrar-General. the greater number
of deaths in the towns than in the rural districts is worthy of
notice. Thus, for example, the deaths of children under
three years of age, out of 1,000 in 1839, were in Manchester
and Salford suburbs, 475 ; in Leeds, -147 ; in Birmingham,
440; in Liverpool and West Derby, 437; in Dorsetshire and
Wiltshire, 281 ; in Devonshire, 286 ; and in the North Riding
of Yorkshire, &c, 262 ; in England and Wales, the mean, is
343 ; showing that the deaths of infants in towns is proportion-
ably greater, 12 or 13 per cent. than the average of all Eng-
land, and very much greater, about 40-per cent. than the
average of the deaths of inEnts in rural districts. A similar
fact is true of the extreme aged as well as the extreme young.
Out of 1,000 deaths, there were at the age of 70 and upwards,
in Manchester, 53 ; in Liverpool, 60 ; in Leeds, 68 ; in Bir-
mingham, 78 ; in the metropolis, 99 ; in the North Riding
of Yorkshire, and agricultural part of Durham, &c, 210.
Mean of England and Wales, 140. It is inferred, therefore,
that great towns and cities are much more fatal to life than
rural districts.

HONESTY REWARDED.—On Saturday the conductor of
one of Chancellor's Chelsea omnibuses, in clearing out the
straw after the " 12 o'clock journey," discovered under one
of the seats a pocket-book; upon examining his prize be
found that it contained three hank notes of £5O each, three
checks upon Cockburn, Sir Claude Scott, and Praed, for
£9O, £76, £43, and four accepted bills of exchange for £2OO
each; he also found several letters and notes addressed to
Mr. Kempis, New-road, &c. A.cordingly, the next day, he
proceeded in search of the loser, according to the address,
and was not long in discovering him ; he returned to the
astonished owner the property, of which he had only that
morning discovered the loss, and was at that moment writing
an advertisement describing it, al* offering £3O reward upon
its restoration. Mr. Kempis was so struck with the honesty
and promptitude of the conductor, that, finding the man had
a wife and four children to support, instead of the £3O with
which he had intended rewarding the finder, he in the most
handsome manner presented the poor fellow with £6O.

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