The New York herald., 1867-08-19

The Decision in the Thwaytes Will Cuse-Ju.
dicial Review Of the Creed and Acts of a
Crazy Miliionaire-Religious IDEAS and
Mental "DelusiOns' Pronounced Insayity-
When and How il n Person Made

n
Crazy NEUTRALITY-SUSPICIOUS. Ideas and
Mental "Delusions'' Pronounced Insayity-
When and How il n Person Made
COURT OF rRoBATE-LoSDoS, AUGUST g.
Before Sir j. p Wilde
Smith and Others Us. TebJiH and Ohers- r,ao,..nt
The court sat to-day for the purpose Of Civ ing ydgmen,
in important case which tried 10 lpsii and Nav
pounded as executors the will dated TIE ID Of s.rcS.
1866 OF Mrs. Ann Thwaytss late Of G. Charmandean near
worhlng in Sussex and OF No. II ayde PARK gardens
The viii dsposes properly the value Of npwsrs Of
f400 00o two Of the plaintiffs, Mr.. Smm Smith and slr
samuel Smn osIng reslauafy le' a,ess The defendant
deceased. The two other def sndants Mrs Cock and
Mr. Waiter Tebbtt. are childron of MIS- Tebbtt They
capacity and undue influence
sr j. P. Wlds delvcreG the following Judgment
II IS rot uncommon in ss sking OF cases like tho pre-
sent to cay tbs the quest ion solved l. whether the
testsrx was rad but Vle qlesc rsised by the plead
Tag mind, memory AID understanding at the time she
made her Will and fAe legal meaning OF these terms IS
other SUBJECT THAI that OF eniary capacity They
have reserved Ju5ical exposition in sufficiently
forbeaT, therercre, to dseass madness' either
popular accep%son or lie legal aspect in relation
olno5 meer.-sueh as iI,nollty n the commission OF
strsint In ttc management OF property, liberty
Of seliconael. The priaoipe OF decision in such mat
tsTs may sc or may not be-certsiny has not
always hcen in criminal matters-denical with that
which governs tho law relating to wills. An In.
quiry nte the difference which the decided cases NAV
present snder various beads would lack extent
nor intcrsst but 1t hss no place here Tho law tesa-
menars has been ait down by my predecessors nde-
penden,iy Of all such considerations, and IL is the
pie dusy OF the Csrrt To ascertain ana administer 1t.
There's no country m tho world in which the law
ms larger exercise of volition in the disposal OF
properly after death than in England bat requires
condition that this voiItion should be that OF mind
OF natural capacity not unduly impaired by old age
enfeebed by Illness, or tainted by morbid influence.
The inquiry before the Court has relation only
the last of these conditions and tho subject again
narrowed by the nature of the morbid influence
q n n 90
eTsi pcrveslon OF the mind from reason, Ian
guage oondgct generally Irrational that the ,esta,rx
IS here accused but only Of that peculiar form which
mental naady is known at times to assume, which
used 10 be called partial insanity and which, in the ore
exact language Of modern science has obtained
Of monomana person Uho is he subject Of menomd-
ma Aocsver osparenty sensibe pyadnt all subiecs
and OCCASIONS oter tdn those iohteh e spsciG sub
of making ,cia This has been clearly decided
in tho several cases quoted at the bar, of which
only necessary 10 that Of Wsrng vs. Waring. II
s needless to travel over tho paths by whcs this
point IN sncLan inquiry the present conceive the
decided cases TO have established this proposition that
estator il matters that the disease be dscovcrable
only on certain subject or that all other subjects
duct prudent. tesator be pronounced in.
capable Further that the same result follows though
the particular subjects upon which the disease s
Tested haveno connection whatever with the testament
ary disposition before the court Thus far all is clear,
but beyond II search the decided vain .or
guide What is TO he the proof Of disease test of
morbid mental action? "TAe eristexe At rtal desins'
'eosh praop', Be c'scered BM tts only p'sp NE
question n piacs Of an',oering T. for oh1 ncntH de-
usion How is it TO be defined constitute test
Of mental disorder dseaseG The word is not very
bo said to be under odelusion" whom he
only labors under mistake The ''dclusion.'
fercnt 10 say that 'morbd' or an 'sinssne' deiu-
son is meant TO beg the question: for The elusion
to be sought is to bo the test OF insanity say
an insane morbid deiusion is the test of insanity
disease does not advance the inquiry. "a belief OF facts
which no rational person would have believed says Sir
open to like objection, for what the limits of a
rational mans beiiefY And to say that belief exceeds
them is only say tina, il irrational nsauc-"he
belief Of things realities which cxist only in the
Wsrna Va u S snIS syS oa
imagine things TO exist which have existence IN
reality both In the physical and moral words What else
gives rise to unfoundcd Fears unjust suspicious basees
hopes or romantic dreamsY turn to another deGni-
ton. II Is 81 by Cd Dr. Wills man Of sreat emncnce, and
periinacious adherence to delusve idea oppos-
ton to plain evidence Of its falslty This seems to
oier surer ground; but then tho evidence OF the
falsity is to be pdn and who shall say II it be
not In many or most cases 1t would be easy enough
bodies were made Of glass and their legs Of butter
las y may be found in medical works that some
evidenc OF thor senses OF its iasty But what II the
delusive fdea concern subject in which the
play no part and the p'an evidence" by which Is
bo discharged s matter OF reasoning and addressed to
tho intellectual faculty. viii all fane men agree
whether the evidence Is plain not9 Aud II not shall
pronounce another a monomaniap because tho
evidence Is plain, 10 his which rcfies the ideas
i
definitions varieties OF which viii DO found in the
numerous decisions on mental ncapacty. IN all the
same difficulties viii be found when applied rs general
test Of disease Let not however DO
am far from saving that thore many delusive
ideas and erroneous belefs which plainly argue mental
eiennton but they do go not merely because they
delusive il some cases tho degree Of
of their divergence from ordns. and reason
~ others the mOde which they exhibit themselves
and ths force which they successfully for their
expulsion, that induce tho conclusion of disease
That this Is 40 will appear from pursgng rencc-
lions which uuderlic this Intricate and interesting |
subject. NO maa kf'Ocs du9hi Of tie condiin Of |
diiotter's Wind ercpt by chaprrtson ruth his oicr
And in institutng this comparison we rccny
nize the general fact that all mankind arc with the
sumo senses moved by the like emotions governed by
the same restraints and guided by the faculties
Al these vary In their force and action In different ndi-
viduaIs, the same individual ct different times Blu,
they vary within certain limits and certain limits only
when the words deeds OF Others referred our
standard end that whicA hv expericnce founa 4,
he the common standard OF the human race nppcar to
tansgress those limits that suspect those common
senses emotions and faculties bch we know 10 exsi 10
be tie subjects OF disorder disease II tho divergence
be very marked and exhibit Itself either many sub
lects or with uniform constaney n the behavior of the
iRdiy.irnl pronounce disease without hesitation In
proportion as the divergence Is either casual rug
or epon to some ether prooah solution, the inquiry
diltcut and the Judgment hesitecs. Hare then, |
think, is the simple ruc by which mankind in general
prononnce upon meata disease; but to those who have
mebod Is opon There may be- sad no doubt are many
whose insanity suspected, bct not proved; but in
admitsoi no doubt whvever Their IDEAS their conduct
enu dei.esnor contras at almost every point Of com
thosc OF tner Fellow And IL IL the |
especial business Of thee who devote themselves TO tho
mitigation of cure Of ihs feayfu m,ady 10 study the
ways and terms or thon, ht and expesson which attend
upon IT, The OF things that the insane saw and do
-nelr peafng ana deestor, the they choose
cr doc me iof the cSnii iiOn OF the rsliug ideasa
taess become familiar 20 ale medical ascendant Hence
he s furnished with another road by whah TO approach
the determination OF insanity IN donhtuI case He |
car reason IRON the certainty to the prUz bly, diseased
mt and is cnsped to trsce In tho latte ncamcnts |
whish are clearly marked ir tho former. Thus whlo |
the world AT large can only the doubtful case
Win ihe sane the physician sas at hand ths alcrnst
oonttest with the insane. Il is consequence NJ these
alternative methco5 of judgment that he question Of
insariiy though ialls TO the lot of legal tribunal ia
propery mixed ono-partly within The rage OF coc
mon oeservatonarc IN so far II 70 be couudered by
jury partly within the range of spccis exparonce and
10 90 af tho proper subject Of aieica inqcifY. IL
te once OF mo court, ther 10 Storm itself far
opportunity permits Of tho gcneTal results Of medical
oosetvaton and TO approach tho bect or tins
t1e opposite sides thus indicated rearcbius for Nc