The Birkenhead News and Wirral General Advertiser. — 1904-03-12 (Birkenhead, Merseyside, England)

MIS. of 'rhoroaso the nlat. Mrmas TA, , otherwise , . Ja aniaa brother, who died en the 4thP 403er at Cheadle Aaykun. The " George and John Hoary Thisesseen. ef theater, brothers of the tewtator, opposed probate, easing that the will was not duly executed, that the deceased was not of sound 711)3ndli'd nonblTlioitadato7d.r.appaselia:ft and the that eontents. Mr. H. B. Deus, R.C.,___and Mr. Rammed (instraoted by Messrs. J. U. Litw sad Ward, of Manchester) appeared for the plaintiff; and Mr. Tobin, EC and Mr. Willook_ Eructed by Mown. *Sings and Synods, Manchests) for the defendants. Mr. Deans, in opening the esee, said that the teetstor was born ko 1827. On the death of his aunt, he begins polleasS of real caral...reducing .e7/15 • year, and £1,300 po ty. Re lived for • time at a ferns at Sala near Maocheeter. In 1964. when the Crimean war broke ant, he joinedorer t Royal Cheshire Militia, and be was d wilt his egimect to various parte of the country. He remained with his regiment until 1859, and when he left he was senior lieutenant. He was oat riding one day and had a nasty fall from his hose, and after that he returned to New Patin, Bala That he came away from the regiment without have was undoubted, because he was Ounce off the strength of the regiment. Hie sister was communicated with, and she_ went to the farm. 1854 he was at ffetfeett, and one of the huts where he wee quartered caught are and he made a claim on the War Gels for tlet loss of several things, including his will. He asked his Seger to esceth for him another one. Ho had been a soliI cite?, and he &Sited it to her. It was an I extremely simple will, and principally bentsfitted the plaintiff. In 18051 he wee taken to Cheadle Asylum, and a istition was pra emoted in lunacy, and he wee found to be a person of tumoand mind. U. remained there until hie death, which took place last year. He wee not really a lunatic, and at times he was perfectly wine. , Mrs. Mary Hargrave said that she was always on good terms with the deceased, who in 1849 was admitted a solicitor and oractieed at Manchester. When his aunt lied he came into property. He told her that while at Belfast his will was burnt. Three or four times he mentioned to her 'bout making a will. The will was dale ("retested, after which he gave it her in • long envelope with a black seal on it. It remained in her poessehan until 1866, Alen she handed it to the lunacy authorities. Lu 1965 he was admitted to Cheadle Asrlum• orom time to time she visited him, and ha WWI /enable. He lived in a cottage. , Counsel explained that the cottage. were I for private patients under public control. and .4400 • year an. paid for the cottage occupied by the testator. Cross-examined : Her aunt died in 1890. She committed suicide. An iequeet was I held, and there was a verdict of 'Temporary ! insanity." After her aunt died plaintiff went to live In Liverpool. She did not know that her brother usS to wander about barefooted and in his nightdonec Ofneft*ff of his regiment might have called him 'loony, but many people were caned by that name when they were not "loony" (laughter). Did you know this leaded proprietor once climbed up a cherry tree and changed cloths with a seareerowt—You appear to have heard a great many things which have not (laughter). Did you know that this landed proprietor need to dram like a trainee—No. Did you hear that this oddity sod to , carry his slippers under his arm P—l have hoard many things. Did you hear, before vour brother joined the regiment, on hot days in the summer he would wear a top coat and go about in his shirt in winter P—He might do that. It would be a change (laughter). Do you know that this oddity Peed to sit on the banks of the canal when it was Pressing half-way np to his knees in the water with hie boots, trousers, and stockings orie— l' never heard of that. _ _ _  ifiTyien ever beer he toed to plume people with a Fran P—l never knew he used to carry one. Did you hear that when he left the regiment be had the idea that hie brother officers were poi/ming ItimP—eres. Did he tell you ehat he tad nine mother.? —No.  Oross-examination cemtinned : The jury found that bar brother was net et to conduct his own affairs. It was not true that before he made the will he was treated as a baby and necked. She did not 'hear that he used to ran away to some sem:11101a at Lynam, in Cheshire. She did not hear in 1860 of hie sleeping in churchyards. She had heard of his running away for a week and coming back and (laying that he had been sleeping in a tramps' lodging-house, hut she never heard of his coming back dressed as a uavYy, with a bundle of sticks on hie back. She did not tell her mother .he was going to put her eon in an asylum. "The bsauties"on the other side might have told her. By 'beauties" el meant &lenbunts, her brothers (laughter), with whom she had quarrelled. At this stage the ease was adjourned.