The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-02-29
NOTES OF LEGAL PROGRESS
I. E.e,..a and n Ner:h A.erieu.

nm interesting question recently in the Pro-
bate. Divorce. and Admiralty Division OF the
High Court OF Justice OF England. The Will OF
Mr. James Leigh Of Bury. who died In August
last. was publicly read to his relatives at the
deceased mans funeral. Some days later MT.
Frederick Leigh. one OF the relatives. request
cd tho custodian OF the will TO mako copy OF
II for him. The copy was nearly completed
when Mr.. Frederick Leigh snatched M tho
original instrument and tore It into Fragments.
The copyist gathered tho pieces together and
pasted them in their proper places upon
sheet OF paper. but even then there wore left a
mum er OF blanks which could be filled only by
reference to the Incomplete copy. Application
was made to Mr.. Justice Jeune for an order
directing these blanks to be filled up by the
Registrar Of the court. md for tho admission
OF tho will 70 probate when thus amended.
The case was declared by counsel to BIO with
out precedent in Great Britain. The learned
Judge declined to grant the application In the
form in which II was made. but ordered that
both the will and the copy should be admitted
to probate rs containing. when taken togeth
err a complete statement OF the testamontary
disposition which the deceased desired to
mako Of his property
Under the Federal judicial system the times
OF holding court are fixed. not by the Judges
themselves. but by net OF Congress. Whenever
any change is desired Congress- has to DO
asked to mako It. There is bill now before
tho House OF Representatives for tho purpose
OF changing tho timo Of holding the Circuit
and District courts OF tho United States at
Oshkosh. This place Is IN the Eastern District
OF Wisconsin. and these courts. under tho OK
listing statute. are required to sit there In July
OF each year 1t is proposed to alter tho date
to the second Tuesday OF juno. Tho reason
for the change Is thus stated In tho report OF
the House Committee on the Judicinry: In
Oshkosh tho temperature is so high in July
TINT but littlo business can DO or hns been
done for years. Tho Judge Of the court writes
that for years the court there has been Of but
littlc valuc. In June tho weather Is pleasant
and the business OF the court can be- done
with comfort to the court and tho bnr and the
people," Tho argument is convincing. but It
will not improve the reputation Of Oshkosh as
q summer resort
New York has a poet on tho bench in the
person OF Judge Francis NJ. Finch OF tho Court
OF Appeals tho author OF Tho Blue and the
Gray" and 1t row appears that Georgia is
similarly favored. for the Green lag publishes
two pieces Of verse OF no inconsderable merit
from the pen OF Logan Z Bleckley the dis
tinguished Chief Justice OF tho Supreme Court
sociate Justice Of tho snmo tribunal. but in the
latter year no resigned his Office in conse-
quence OF Ill health arising from overwork:
and upon retiring from tho bench he read this
poem. which. after the manner OF legal phrase
ology. he entitled " In the Matter OF Rest:
Rest for hand and brow and hroast.
For fingers. heart and brain
Rest and peace = long release
From labor and from pain:
Pain Of doubt. fatigue. despair.
Pain OF darkness everywhere.
And seeking light in vain!
Peace and rest, Are they the best
For mortas here below,
Il soft repose from and woes
A bliss for men to know!
Bliss Of time is bliss of toll:
No bliss but this. from and soil,
Does God permit 10 grow.
It is satisfactory to know that the author OF
these mclodious lines was able to resume Judi
cinl work at the head of the Supreme Court OF
Georgin in 1887. and that his fitness for the
place is universally recognized by the bar and
the people Of the State.
very curious case in which husband exc
cuted n will which had been prepared for his
wife and tho wife executed will which had
been prepared for her husband. has recently
been decided by tho General Term of the
SOuIt VI WIS Epkutc III lIle fOuTJn Jul
dicial Department tSyracuseA John and Jnno
Nelson. being husband anil wife. wanted to
make wills each in favor OF the other. and ON
ployed William Cowe to prepare the instru-
ments. which lie did in due form. The Wills
were read and placed upon the table for sigma
ture Each thon signed ono OF the wills. made
the requisite declaration as to the character OF
the instrument. and asked the subscribing
witnesses to sign. After execution tho wills
were sealed up in an envelope. which was
not opened until after tho husbands death.
when it was discovered for the first time that
each had by mistake signed tho will in
tended for the other. The vito brought suit
in the Supreme Court to correct her husbands
mistake In signing the wrong will. by reform
ing the language Of the will which ho actually
did execute SO as to make it conform to that
which hc certainly intended to execute. Her
complaint WAS dismissed at Special Torn,
however and the Appellate branch Of the Su-
premo Court holds that the dismissal was
right. Mr.. Justice Martin. In the opinion OF
tho General Term. says in substance that
there is no will to correct because tho hus-
band did not make any will at all. The instru-
mont that he executed was his wife's will. and
OF no moro legal Significance than IL IL had |
been blank piece OF paper. No precisely
similar case IS reported in this state. but there
are English and Pennsylvania decisions in
point adverse to the position Of the wife.
A bill was introduced into tho House OF |
Representatives some time ngo to prevent the |
Judges OF tho Federal courts from comment |
in: upon the facts in charging jurics. 1t had |
its origin in numerous complaints to tho effect |
that in many districts the Judges OF tho courts |
of the United States were in tho habit of prac- |
ticaly debating tho verdict to bo rendered by |
i,,t, f..
the case. Tho judiciary Committee has re-
fused to approve the bill in the form In which
1t was presented. but has recommended the
enactment of substitute requiring Federal
Judges to conform to the laws Of tho particu-
lar State In which they may DO sitting in re-
gard to discussing the facts in instructing a
Jury. In some Of the States tho Judges are
permitted to sum up the facts proved. to a GER
tain extent. and the committee deem on alb
solute prohibition unwise. This is sensible
conclusion. While II Judge should carefully
n hstain from any EXPRESSION OF opinion upon |