Denton and Haughton Examiner, etc. — 1885-06-27 (Denton, Greater Manchester, England)

STRANGE CLERICAL WILL CASE.  In the Probate and Divorce Division, before the President and a special jury, the hearing of the probate suit, Davies v. Lloyd and Edwards, has been resumed and disposed of. The suit involved the validity of the testamentary dispositions left by the late Rev. Edward Edwards, a clergyman of the Church of England, who died at Llanarth in Wales. on the 30th November, 1883. Mr. Willis, Q.C., and Mr. Hayford were counsel for the plaintiff; and Mr. Henry Matthews,Q.C., and Mr. Francis Williams were for the defendant Lloyd, who propounds a will executed by the testator on Nov. 3, 1883. The case occupied the Court for some days, and among other witnesses called was Miss Helen Davies, a daughter of the plaintiff, who stated that she knew the testator when he lived with her father at Llanarth, in 1882 and 1883. In the summer of 1883 the testator told her that her father was to have his farms, and in October he told her that he had left them to him and provided for her. Mr. Lewis was next called, and stated that he became acquainted with the testator about six months before his death through Mr. Lloyd. In the latter part of the summer of 1883 the witness visited London, in company with Mr. Lloyd and the testator. The latter was drunk nearly all the time. On one occasion he got so drunk that he was turned out of a public house. Witness attended the funeral of the testator, and saw Mr. Lloyd and Mr. Griffiths there. He heard of no will except that of the plaintiff's. In cross-examination by Mr. Williams, witness stated that he had been in the army, He deserted and was imprisoned for 84 days. He was afterwards imprisoned for 12 months for striking a non-commissioned officer. On one occasion his sister had been taken into custody on a charge of threatening to murder his mother. When he came to London with Lloyd and Edwards, they put up at Anderton's Hotel, in Fleet-street. Edwards got drunk. They were all turned out of the hotel the next morning. By the will of the 3rd of November, the testator left him a legacy, which he put up for sale at 10s. No one bought it, and he afterwards sold it for £5. In re-examination, the witness stated that he had left the army for five years. He had since resided at Aberayron, and carried on the business of an auctioner. On the conclusion of the whole of the evidence, Mr. Willis, Q.C., addressed the jury in support of the case and the will set up by the plaintiff David Davies. He contended that it clearly appeared from the evidence that when the testator executed the will of November, 1883, propounded by the defendant Lloyd, he was not of sound testamentary capacity. He died of delirium tremens on November 30, a few weeks after the will was executed, and his signatures to documents showed from the month of August previous that his nerves had become shaken in consequence of drink. The will propounded by Davies, the plaintiff, was in the testator's handwriting, and it was executed by him regularly before witnesses, over a mile and a half from Davies' house, Davies at the time knowing nothing about it, so that it was the voluntary act of the testator, uninfluenced by anyone. After hearing further evidence, Sir James Hannen summed up the evidence to the jury, who retired to consider their verdict, and after an absence of ten minutes came into court with a verdict for the will of November 3, 1883. They also found that the will of April was regularly executed. The Court pronounced for the will of November, 1883, with costs.