The Statesman.
London, England, 1822-06-07 00:00:00

.

LAW INTKLLIG EA CM.

COURT OF KING'S BENCH. Juan 6.

,

DOE, ON THE DEVISE OP JOSEPH FUMES, V. R. LOVELL
GWATEIN AND THISOPIIILA OWATKIN.
This was an action of ejectment brought by the
• bele at law of the late Marchioness of Thomond to
recover posseselon of a hoese situate in lieorr-street,
Westmtnster, which the defendants claimed under the
will of the Marchioness.
Mr. MAIIRTAT was about to address tterjury for the
lessor of the plaintiff. when
Mr. SocauLegs rose. and said that be would admit
the prime fade title of the lessor of the plaintiff, and
would at ones epee the ram by which he should
render it of no wail. The simple question for the
levy to try was, whether a paper, purporting to devise
the house in question to the defendant, had been dely
ea-rotted by the Marchioness of Thomond as her last
will. Her Ladyship, at the time when she began to
make her will, resided at Tsplow court; hat having
*iron sip her hoes. there to a friend, she came to
London, where, in the year 1816, she began to con-
template the final settlement of her affairs. She was
desirous of consulting the Bishop of Winchester and
lois lady on the subject. and requested them to whitess
the execution of' her will. The Bishop, oaderstanding
*reload property was to pass. informed her that three
wise could be necessary, and accordingly Mr.
Smiths was sent foe; mod she them, in the preemies of
pll the trite , signed the last of several sleets
lying together, or retraced the letters of her signature,
sad declered the whole to be her will. The other
sheets were not fixed together at the time; but they
would he found to have reference to each other, and
hy the last memorandum, to which her final signature
was immediately subscribed, she stated. that since
writing- the previous' papers 7,0001. of her motley had
hero semitted to Madras, 1.0001 of whilst' she be.
reatlicd to John Ofratkin. and the rest she directed
skald hi 'applied to the uses of her will, which proved
that it was not the I:st sheet only that sbe intended
to publish, because in that sheet there were so uses
f pacified to which money could be applied. The
question teas, whether she intended to execute all the
imams ss,ons will, or only the last of them; fort per.
eon. might begin his will at any period of his life, and
continue it ,on until be felt the propriety of finally
executing the ?hole, which he might then publish as
his testament. Other sheets were signed by her, bat
hot attested ; mood, •sherefore, unless her last ant
*mounted to • republication of the whole, the defrost!.
ant. derived me title from, the will ; bat be had little
doubt that the Joy weistid arrive at tile contrary con-
clusion. •
It was proved Par" produced in court as
the will of the %totems* o Thomond had been sent
toy her to her attorney.,hlt. blortimer, and had been kept
by him until opened after her death, in the presesce of
her relatives. They were paged throughout apparently
in the writing of her ladyship ; but were not fixed toge-
ther until after her decease.
Mrs. Towline, the lady of the Bishop of Minchealov.
who with the Bishop set an the bench at *ill& load
of the Lord Chief Justice. was thee **sm, film re.
membered wing Lady Thomond at her mini logic in
the year 1816 or 1817, in a state of some agitation, when
else said that she had a favour to ask of the Bishop.—
Mee. Towline, thinking that she was ebout to request
Um to become her executor, replied that she was afiaid
i.e would not accept that office, as he had refined to do
so for other friends. She inquired, after a pause, whe-
Iler he would object to witness her will, to which Mrs.
loni:ine replied that she bad no doubt be would wit-
yeas it, and that he would wait on her on the next day
'or the day after. She said she wished to go to the
'Bishop's house to execute the will; and accordingly
?came thither a day er two afterwards, and brought the
will in her mud. There were several papers, bat Mrs.
Tomline could not recollect the exact number. After
she had signed the will, the Bishop recollected, that in
case freehold property were devised, it would be neces-
sary that the execution should be attested by three wit-
ceases ; he suggested this to the Marchioness, who ex.
pressed her gratitude for the information, and said that
the house in lleorgemtreet (that in question) was free-
Lold. Mr. Smith was sent for; and she either wrote
her name or retraced the signature, and said it was her
sill!, on which it was attested by the three wit in
/Ai. presence.
On her crow-examination, Mrs. Towline said that the
Marchioness only signed one of the sheets, nor could
ale identify those others produced as the same which
accompanied the paper attested.
'i'he Bishop of Winchetter, being sworn, expressed
Lis distinct recollection of all the circumstances stated
by his lady, as attending the execution of the will.
Mr. Smith, the other witness to the execution, gave
the same accouut of all those circumstances which took
p' ,ce after his arrival.
'The papers endorsed " Last Will and Testament of
Marv, Marchioness of Tloomond," were put in, and
partly read. The passages at the beginning and con-
e] :sion of the sheets were evidently connected in sense,
sed there was no pecuniary bequest in the last paper to
which the GAOL, alluded to in the last paragraph,could
be applied.
Mr. SI ARRTAT, for the lessor of the plaintiff, submit.
led that the whole case resolved into a question of law.
It appeared to him to differ (coin any cases which had
heeu already decided, although they were many reseed).
fir eit in prlncfple. Certain it was that an ill.execnted
would not be Made good by a well-executed codicil:
and here a will ill executed was to be made valid by a
4:e tiversstion, to show that the testatrix contemplatid a
-devise of the freehold when she executed the last paper.
If tliis were permitted, it would destroy all the benefit
intended by the Statute of Frauds, by substituting the
peak declaration of parties for those solemnities which
.st was most important to observe.
The LORD Chic, JUSTielt said, that, in his judgment,
it wee entirely a question of fact for the jury, whether
the Marchioness re-published all the papers produced
as her will, or only the last of them.
Mr. httestear then proceeded to contend, that the evi-
dence d.. 1 soot sufficiently prove the identity of the papers.
The Loa!) Cuter JUSTICE felt no hesitation in leaving
the whole case to the Jury. Unquestionably a person
might write his will on different sheets of paper, with-
out attesting every sheet. Unquestionably, also, it was
unnecessary that these papers should be united by wax
or string ; it was enough if they were all published as
one entire will. Whether the papers in question were so
published, the jury would decide, from the potrport and
connexion of the cloruments themselves, and the highly
respectable evidence which they had beard; and it they
were of opinion in the affirmative, they would find a ver-
dict for the defendant.
The Jury immediately found a verdict fur the defend-

ants.