The Birkenhead News and Wirral General Advertiser. — 1909-03-17 (Birkenhead, Merseyside, England)

BROTHER. AT LANG  SAD REVILLATIONS.  Before Lord Alseratone, the Lord Chief .Justicz, and a. common jury. at the .Liverpool ESiXfSf an Monday. an action was heard brought by"- henry Baker. of Birketiken& against his brother. Beniaroin, tu respect.to a policy of insurance on the lite of their late father. John Baker. who died on Auguit 26th last. year. Mr. H. Lindou alny (instructed by Messrs 1411 T, Boron. and Riley) represented the rOlaintiff, and Mr. Rigby swift (inArnow! by Mettsrs. Thompson. Thigh's. and Mathison. Birkenhead) was for the defendant.  In opening, Mr. Lindon Riley explained that 3frs. Baker, the inother of 'the parties, held an insurance policy. on the life of her husband. and eight days before .her death, in August of 111n5, she assigned it to her son. Benjamin. the ateigninent taking place et H time, ccoinsel eontended, when she was of unseund mind, end unfit to transaci business. Defendant, refaille() the poliey in his possession. and 'continued the payments until his father's death ii. August of last year. Neither the pla'ntifi nor the other brothers koew that Itlniamin had possession of tho policy, and it was only after their father's funeral that this heroine known. Defendant drew in respret of the policy'. Xll7 Mr. Baker e,.nier, left, by will. all his property to Henry. hut the latter expressed his willingness to the whole being pooled, and then equally divided amongst the four brothers. Of the tour sons the defendant appearml the ..nest prosperous, poasessing a substantial wheelwrinht.D business, but the father had beep living with Henry ownsz to WA being incapacitated I:TV A stroke, an for ten months orevions hls death be was bAridden. He would fall witnesses to prove that for some months prior to her death Mrs. Baker was of unsound mind, and that her death was caused by her own band.  ----Dr. IF Laird Fearaon Paid that visited Mr. Baker on Intb July, UM, and aftsr examination formed the oninion that she was utterly TADjACJI) and not in a• fit state to transact businetss. In answer to Mr. Svi-ift. Dr. Pearson stated that it was possible that sho might havo had momenta bmween his visit and the tinic of her death. Dr. W. R. Floyd said ho in constant attendance on the decssaned lady until within a few days of her death. During the last two months of her life she was unable to transact her own busineas. She suffered from delusions about her health. _ _  Replying to Mr. Rigby Swift. 1)r. Floyd said that sometimas him would he }otter than on other occasions. and, of coutse., sometimes worse.  In answer to his Lortlsliip. witness said that ths insanity was a growing incapacity with the lady. He knew her tor some years... _ _  • Dr. . W. Dollard. who was: 10CUM tenons for Dr. Floyd durin,g au absenoe in 1905,. said he visited Mrs. Raker n one tweasion, opine three weeks Wore her death. :soe was then unfit to transact her business. M. Thorburn. of Cearn's-road. ()ton. a woll known mission worker, said that for three years before Mn. Flaker'S death she attendod the mission of which witness was boo. superintendent In the early part of 1905 witness visited Mrs. Baker's house about ours it fortnight, but during the last month she visited her every day. During the last three months of her life Mrs. Raker had very little business> capact. lnd in the opinion of witne66 she was not responsible for her actions. She had trpoken to Jar several times about committing suicide.  ---Itc-plying to his Lordahip, Mrs. Taauburn said that. the deceased lady mas nk. able to look after her own- buitnesA,. and her hou.n work was done by a I.linber cf 11Pighb-mrs. rii, hardship. Good morning, Mrs. Thorburn. I hope there are many people like you.  Mrs. Elizabeth Acton. of Raffles-road: said that she lived a few doors from Mrs. Bakn's: Witness 'went into the houie three times a day during the last.few months of Mrs. Baker's life. • Mrs. Baker was latteriY incapable of doing her own 'house warki. and gut muddled when she Went shopping She had delusions about her dead sou coo:ing back. .Jo answer to Mr. Rigby Swift witness .said that Mrs. Baker was quite unable to transaet her liusifiess"duriag the pima mentioned. At this•junetUre 'hie Lertlehip 'suggested that counsel should come to, soase agree went. Mr. Swift had evidantly be?n )fl ~tructed to cross-elan:nip.) no regarded Mrs. Baker's capability of trammeling her own busines, the evidence- before him was conclusir., that she was not. Counsel 'consented to confer, and the Court adjourned ,for luncheon. . After the interval counsel intimated that. , an agreement hail been come to. and askedthat judgement should he tentered for the 'plaintiff for In and costs. IJudgment was aeordingly entered.