236 



ANNUAL REGISTER, 1S13. 



children, and opposed by the eld- 

 est son, as the residuary legatee 

 under the will. The will itself 

 was not disputed, but there being 

 considerable doubts as to the testa- 

 tor's state of mind at the time of 

 making the codicils, the present 

 was merely a friendly suit institut- 

 ed for the purpose of investigating 

 that circumstance, and obtaining 

 the decision of the court accord- 

 ingly. 



The first codicil was dated the 

 1st of August, 1807, and was 

 merel}' explanatory of certain parts 

 of the will ; the second was dated 

 the 14;th of November following, 

 and bequeathed to Mrs. Lindo a 

 sum of 2,000/. in lieu of an annuity 

 of 300/. given to her for life by 

 the will, and by also bequeathing 

 various considerable legacies to the 

 younger children, much diminished 

 the property that would otherwise 

 pass to the eldest son, as the resi- 

 duary legatee under the will. 



The testator, it appeared, died in 

 March, 1812, at the age of 70, 

 leaving ten children : he had very 

 extensive concerns in Jamaica, 

 which place he occasionally visited, 

 but for the most part, intrusted 

 the management of them to his 

 eldest son, in whom he reposed 

 great confidence, and who gave 

 him much satisfaction. His affairs 

 being latterly rather involved, he 

 was observed to become very low 

 spirited, and his mind very much 

 disordered. By the advice of his 

 apothecary, his family at length 

 determined upon calling in the as- 

 sistance of Dr. Simmons ; and the 

 testimony of these medical gentle- 

 men as to the state of the testa- 

 tor's mind, and the solicitor who 

 prepared the codicil, formed the 

 principal part of the evidence ad- 



duced. The result of this evidence 

 was admitted on both sides to be 

 fully confirmatory of the validity 

 of the will and first codicil ; but it 

 was contended, that the testator's 

 insanity had been shewn to have 

 commenced prior to the execution 

 of the second, and to have con- 

 tinued without lucid intervals for 

 a considerable time beyond that 

 period; in consequence of which, 

 the execution of that paper could 

 not be considered as the act of a 

 sane mind, but that it must be pro- 

 nounced against as invalid, and in- 

 operative. 



Sir John Nicholl recapitulated 

 the evidence, and was of opinion, 

 from the evidence of the medical 

 gentlemen, that it was sufficiently 

 proved, that the testator laboured 

 under that delusion of imagination 

 which is the essence and main cha- 

 racteristic of insanity, and which, 

 though it may occasionally present 

 an appearance of tranquillity, when 

 the mind is diverted from the 

 cause of its disorder, yet still con- 

 tinues so firmly seated in it, as to 

 render lucid intervals very impro- 

 bable, if not impossible. This state 

 of decided insanity being clear, the 

 presumption of law is, that it was 

 in full operation at the time of 

 executing the codicil: it is incum- 

 bent, therefore, upon the parties 

 setting up that act, to shew a lucid 

 interval in the testator at that time, 

 — not a mere temporary cessation 

 of that intensity of the disorder 

 which occasions the sudden bursts 

 of singularity and violence, — but 

 its total absence from the mind, so 

 as to leave to it the free exercise of 

 its faculties. The proof requisite 

 of this state has been generally ad- 

 mitted to be very difficult of defi- 

 nition ; there are some cases, how- 



