APPENDIX TO CHRONICLE. 



■273 



the deceased's widow, who had 

 survived him only about 2 years, 

 instituted the present suit. 



The evidence, in support of the 

 will in the Court at Exeter, fully 

 proved the death, hand-writing, 

 and good character of Dr. Hall, 

 the framer of it, by way of show- 

 ing, in order to supply the want of 

 his evidence, the improbability 

 that he would have been a party to 

 the transaction, had it been other- 

 wise than perfectly fair and cor- 

 rect, or the deceased incapable of 

 knowing the nature of the act he 

 did. 



Mr. Philip Carnsew, however, 

 spoke in direct derogation of his 

 own act, and swore, in the most 

 positive terms, to the testator's 

 total incapacity, during the whole 

 of the transactions in question. 

 The rest of the evidence threw 

 but little light on the subject, as 

 the other subscribing witnesses 

 were unable, from the great lapse 

 of time since the transactions, and 

 their being uninterested in them, 

 to speak, with any great degree of 

 positiveness or precision, lo the 

 facts in question. Upon this evi- 

 dence the Judge of the Court at 

 Exeter founded his decision against 

 the validity of both wills, and 

 pronounced the deceased to have 

 died intestate. Upon the appeal 

 to this Court, a variety of new 

 matter was introduced in plead- 

 ings on both sides, and many ad- 

 ditional witnesses examined, and 

 the case therefore came on for a 

 hearing upon the general com- 

 plexion of the evidence, as taken 

 in both Courts. 



It appeared that the deceased 

 was a farmer, and possessed of 

 considerable property at St. Win- 

 Don and its neighbourhood. On 



the Saturday preceding his death, 

 he was seized with a fever, oc- 

 casioned, as was supposed, by a 

 cold he had taken, in being ex- 

 posed to wet iu the course of his 

 farming concerns, and he was in 

 consequence attended by Dr. Hall, 

 in his medical capacity. Having 

 expressed his wish, ♦' to settle his 

 mind," as he termed it. Dr. Hall 

 was spoken to on the subject, and 

 he accordingly took his instruc- 

 tions verbally ; and reducing the' 

 same into writing, the paper was 

 duly executed by the deceased, and 

 attested by Dr. Hall, and at his 

 request by Philip Carnsew, who 

 had been sent for to take the hair 

 off the deceased's breast, prepara- 

 tory to the application of a blister. 

 Dr. Hall then took the paper to 

 Mr. Hext, an attorney, at Lost- 

 withiel, since also dead ; and in 

 a subsequent conversation with 

 Adams, told him his will was 

 not half a will, and that Mr. Hext 

 was preparing another, which 

 Carnsew was directed to fetch ; he 

 accordingly did so, and according 

 to hife own account, Mr. Hext 

 then tore off the seal from the first 

 will, saying it was of no use, but 

 that he must get three witnesses 

 to the other, on account of the 

 freehold property. Carnsew then 

 carried both papers to Mr. Adams, 

 the deceased's brother, who went 

 out to fetch witnesses, and return'* 

 ing with two, this second will was 

 executed in their presence, and 

 attested by them and Carnsew, 

 The latter then took both papers 

 to Mr. Hext, to see that they were 

 correct, and afterwards delivered 

 them to Mr. T. Adams, who re- 

 turned him the cancelled one as 

 of no use, and he, as stated, threw 

 it into a drawer with some refuse 

 T2 



