Polynesian., 1863-03-21
No. Al.


must be stringent and the satisfied
knowledge Of the contents beyond the proof Of execution
the 'eslatoE" Jarman on Wills "a Mr.. Baron Parke, in
delivering the Judgment of the appellate court in the of
Barry Butn, in the of his remarks said IT, by
merely TO that there of wills prepared by ga
tee so pregnant with suspicion that they ought to be pro-
and that extending clear proof Of the actual knowledge Of
proceeding from him. the reading the by
to him. the most satisfactory evidence of such knowledge
babiy the learned Judge intended
fthe words used to be construed strcy il it intended
party prenarng the will derives benefit under it, the
rJGRdi is shifted and that only certain but
particular species OF proof therefore required from the
prOPOundng the w feel bound say that
PrO5aRdi is this evidence given the
parry whom the burthen is the Issue must be found
against him. In all this imposed the
propoundng wills sin general discharged by proof Of
pacy and the fact executon from which
and the of the instrument assumed
"A that can be truly saidis, that if whether ator
ney not prepares will legacy himself is
most suspicious circumstance of weight
eordng to the facts of each particular in som
weight al ALL" Jarman on Wills 4, note9 According 70
the doctrine recognized by these eminent authorities the
ponen in the before having made the due
ecuon of the will and the full capacity of the testao might
in the absence OF any evidence OF undue influence aud
be fairly considered to have discharged the which the
law upon him. But the proof part popo-
nen beyond this Two of the subscribing Witnesses,
read the will in their desired by the tesaor and
that he preyented True the testimony of Dr. saivc is in
conflict with that of the others this point But there
the observation and recollection Of against those of
all being equally intelligent and dsntereted And Messrs.
Tucker and Waller their remembrance then
would be warranted presumng eOncusivsy that the
will had previously been read the testaorha he well
knew its contents and all the testimony renders probable
desired conceal them from his family and Others is
in vain TO that designing beneficiary might have read
the will falsely the testaio persuaded him TO decline
having read before the witnesses unless bound
believe that prObity orsaken the earh that
every man should be esteemed villain until he shall have
Waller be relied on then Mr. Ptman justified in
reading the will in the of strangers without the
another point with this part of the
which orcbly by counsel for the poponent and
IS
instrument itself bears intrinsic evidence of having been franz
ed under the immediate of the Else, il is
asked whence the large beques his nieces Wales
cOuched in the peculiar language in which sands' 1t
be denied that this clause of the will does carry its
face the of honesty and the impress of the testatO
MN ms memory having called up those near and dear
that he about make final disposition of his prop
aggrandze HIMSELF should eggregious
inserting large bequest to parties occupying only
the added the bequest favor of Daniel Ety.
would have had so clear to answer the argument
visions Inconsistent with the natural affection of father
indicative the will having been drawn the
tOns fell from the estaor lips notice also, the
else enumeration of the animals bequeahed his wife the
specific of the of certain who owed
him Of money; the beques of the land
Daniel ard the of specific legacy Mr. Pitman
before the resduary bequest has been argued that Mr.
Ey's little nothing
the beques Of il 20 Daniel of value But is clear
Daniel himself lived land his father. The
estimate his title appears
long after the will was made He must have
valuable.
has upon testimony given by
the contestant and Mr. Metca which it is argued, tends
that testator did the of this n
stmen The states that night shortly after
the execution of the WILL he overheard between
his father and mother when the former told the latter
that he had left her in his WILL and the home
stead at Kahua that he had bequeahed TO Daniel some
money and the land at Kuamanu, which, Daniel says he
others, which he said he had given Daniels
said he had anything his relatives in Wales
mans hands entirely undsposed Of might live
considerable time yet and need money for himself and that
Now this is very singular conversation, correctly re-
ported by the So far the estators statement
his wife accOrds with the the
legacy in favor OF the two nieces And worthy of remark
given wife, say they
to have all his property between them If that had been h
have been poprey in his doing unless he had desired
take away share which Daniel would have been
entitled by the Statute and increase the share o his WIFE,
suppooD which, in view OF the testimony touching their do
too assigned having disposed the funds
Mr. Ptman hands shows that he merely wished the
felt thew had been informed Of the real state of the matter
He knew that Napu sufficiently ignorant mpOsedon
by the idea that if he had disposed Of the funds Mr. Ptman
hands by WILL he could not have used OF them
himself Ely ignorant subject
to believe this. abundanty proven Again, il may be
asked Can be believed in the absence of any apparent
for such that having about making
test amenta disposition Of his estate he would have LETT
throughout else why did not the estato invite his
preparation u
place in the keeping Of Daniel who attended TO business for
to show his wish to conceal the contents from his wife and
son:
tOn which Mr. Mecaf teses having had with the
after Mr. Pitman had left the Kingdom We could
same differences said
that the witness drew ANY weight that might otherwise have
been attached the remarks then made by Mr. Ely is much
detraced BY the way they induced The
following language Of Mr. Surrogate Bradford be cited
with rOprey in noticing that the based
the estaor declarations reported by the contestant and
Mr. Metcaf: " know well how much conversations Of
this kind to be dusted From motives Of policy for the
sake Of peace kindly attention, from other
tve often operating the human mind especially In the
artfu wary again. in unguarded
ment in spirit of evaporation boasng, threatening,
tions contemplated executed harmony
with the truth ALLEN rs the Public Administrator Brad
incident by testimony tells
Of particular Eoee Abon Eve months previous to the mu
der of Mr. Ely his wife. Mr. Pitman LEFT HO for
placed the will in the keeping the Rev. Titus Coan o,
with to deliver il to Mr Ely u he should call for
posted both by Mr. Ptnan and Mr. COan. Now II the in
strument had been randulenty concocted or if had
bequess which intended snould
the roponent have the needless and risk OF dis
Tied il with him Judging testimony he might
anticipated that the matter would be stirred after he had
gone either from curiosity other motive
Having thoroughly weighed the voumnous evidence laid
henson the instrument presented probate very
much such disposition of the tesaiors property
was placed Keeping in view various facts with
his domestic relations affecting both bis wife and
probable think, that be would bstox either Of
large share his property The liberal provision for
his is in accordance with the fact that about three
months piously he had forwarded 10 Miss Mary Hughes
the of five hundred dollars showing that the children Of
his beloved sister aeetonafeiy remembered BY him
and having for the several who had claims
his snnnty by relationship the amounts which be consd
cred Just there remained whom he likely
Aestow the residue his Mr. Pitman his intimate
and trusted friend of years standing az whose departure
from Haw ali he shed tears Of genuine grief
At the hearing before the full Court counsel for the
understood that he did charge the
propOnent directly with having fauduenty framed tins ia
the wishes OF the esfator although
his conveyed mputation of fraud ths
Of influence that he rested the
ton mainly the weakness OF the evidence Of
the by the This have regarded
the turning point the Sitting here Court OF
Probate is province to upon tse st AZ well as