Prerogative Court, Thursd...
The Times, 1824-11-12T00:00:00

At ucn 0linsess or course was transacted this morning; among other matters, letters of administration were granted to the curators and executors appointed by the will of the late unfortunate Sir Alexander Boswell, of Anchinleck, Bart., in order to enable them to admiinistet to such part of the esta'e of ills f4tller the late Jamnes B3oswell, Esq., as Sir Alekander, at his deatl, letl unadministered. 1T T11E GoODs of JAMES PALp LING, ESQ., DECEASED. James Palling, late of tCharlotte-streeti lambethi, Esq., died Sone time since intestate lenving behind hinm James Gravely Palling. Esq., 1Itt oDily and iawfiAl son. Last court-,-ly counsel appeareie on behalf of a widow lady; the nearest of kill and aunt of the deceasedi prayilng the Court to tuspencl the grant of its letters of administra- tion to 1\ r. J.G. Palling on the giottnd of his Ilileged insailty. The learned counsel then intimated that this opposition wvould be withi- drawn, if AIr. Palling would submit himself to tie inspection otf medical gentlemen, andl their certificate shiould go to establish his souridness of minit. The Court directed the cause to stand over. To.dar, the counsel for Air. Pallinig addressed tile Court observ. ing that ie was not present on the last court-day, when a statement had been made to,the Court by a learnel gentleman, calculated very muchi to prejudice the interestsof his client, lJe was nowinstructed by Dlr.Chas. Fenton; the proctor for Mr.PAliinf,tobring in an affidavit, signed by tliree persons (Lhe landlady, a friend, and the solicitor of the party), together with several exhibits mid certificates, as to the condition of All. Palliig's mind, signed by Dr. Burrows, 1\.D., and by iMr. Fletcher, the surgeon. This affidavit was readt. The ladly at whose house the party hact lodged fora considerable tine deposed that he had always, and in every respect, conducted himsielf as a person of sonnd mimid and understinding. A gentlemlan wilo l;ad been acquainted with him for the last tliree years deposed to the same eftest, adding,that one Wallett,the keeper of an establisivienit atBatter8ca for thereceptidn oflunatles,under whose carehIr-Palling ha5d been once placed by his father, had recently met deponent, and informed him that Mr. 'Palling was as well as himself or deponent either. Mr. Lawrence, of Doctors'-commona, tihe gentlemiian's attornev, also de. posed to seveial instructions which he hiad received from Air. Palling in respect to ettceting wlhat he knew to have been-hiefathers inten_ tions in favour of a particular individual, &c., and to his (Mr. Law. rence's) belief of the perfect soundness of AMr. Palling's mind. Do- cuments were then reads; the first being a letter from lillett, tlated in the beginning of July last, and ad(dresse(d to MIr. Palling, the de- ceased, requesting hi[iF, to remove -his soni froni his care, as he could not feel justified in retaining thim aily loRger. The second was a letter from aRd to tlhe same, dated tlh 28th of July, 1824, preferring the like request, but in still more urgent and pressing terms. The third was a certificate from Dr. Burrows, certifying his opinion of Alir. J. G. Palling's sanity of milnd, and dated 9th of Novenber, 1824. The fourth, a similar cerificate froni Air. J. Fletcher, surgeon. Sir JOIIN NiCr OL r. was aboutto permit tieletters prayed to pass thc seal, when The adverse counsel stated, that the widow and adit now gave an appearance in the cause, ansd prayed the Court's grant to be made to tier for the use and benefit ef Alr. Palling. If Mr. Palling had produced a certificate from1 Dr. Powell, under whose sanction he had been first placed at Battersca. lie (Dr. Lushington) .vould not for a momiient object to the letters being granted to thin, as the son of the 'deceased, in the usual way: but, on the contrary, the leamed coun- sel continuet, he now lielti in his lianii a certificate, signed but yes- terdav, by Dr. Powell, wvhich, with the Court's permission, he wvuld reid. The counsel for Mr. Palling objected; inasmuch as the suggestion throwvn out by the Court on the last court dav hiad been already complied with. It was extremcly prejudticial to this gentleman's in- terests and very cruel to his feelings that most unfounded assertions respecting the state of hhs mind had already found their way to the public. lie was in His Majesty's service, and on half pay. No- thing could be more express tihan the language of the certificates that hatl been brought in by his proctor. Sir JoEts NtICtIOLL admitte(d that it was a cruel thing that MIr. Palling's sanity should be questioned in this manner, par- ticulalrly if, as the Coutt did not doubt, hehad now quite recovere(d from any a'cetion whatever of the mind. But lt was an equally cruel case with any inctividual, whio, being of sound mind, was ne- vertheless driven, as often occurred, to establish his sanity by legal evidence. The best tling Mr. Palling could do woald be to submit to an interview with Dr. Powell: for,as he had onee been confined,it was primii facie a ground for tildpresent application; and as the lady, w110 Was his relationi, could have no personal Interest in the success of her prayer-whilclh was only to administer for this gentleman's use and benefit-the Court woulId certainly f'eel reltldtant to grant letters to him tinder thc present circumstances of the case. At the same time, if the averinents which had been made in restpect to vMr. Palling's mental incapacityshouldnot be proved,theCourt wouldcon. demn the party making them in costS if they should be proved,then it would decree the letters, limited - for the Use ahd benefit of MIr. Palling," to the party soapplying for them-namely, his aunt. Counsel then stated that Mir. Palling was now in Court, and woild most readily consent to any examinationl Dr. Powell might think proper to make into the state of his mind. The other side said, that in thlat case, undoubtedly, if Dr. Powell would give a certificate of a nature to establish the gentleman's sa- nity, he would pledge himself immediately to withdraw all further opposition. Thus th;e matter stands overto next court-day. -. PREROGATIVE COURT, THiURSDAY, Nov. II.