290 



ANNUAL REGISTER, ISU. 



tcr part of which he was totally 

 blind. On the (ith of July pre- 

 ceding his death, Mrs. Wheeler 

 applied, as was stated, by the di- 

 rections of the deceased, to Mr. 

 Noy, an attorney in the neigh- 

 bourhood, and gave hira instruc- 

 tions for a will, which was drawn 

 up immediately hy him, and exe- 

 cuted the same day. By this will 

 the testator gave legacies of from 

 1001. to 2501. stock to several of 

 his relations, and after some tri- 

 fling pecuniary legacies, the resi- 

 due of his property to Mr. Robert 

 Fisher and Mrs. Wheeler, sen. 

 appointing the fonner and Mr. 

 Henry Wheeler, jun. executors. 

 On the 9th of July a second 

 application was made to Mr. Noy, 

 by Mr. Fisher, stating that the 

 deceased was not quite satisfied 

 with his will, as his hook-debts, 

 household furniture, &c. which 

 were included in the residue of 

 his property bequeathed to Mr. 

 Fisher and Mrs. Wheeler jointly, 

 he meant to leave exclusively to 

 Mr. Fisher. Mr. Noj' accordingly 

 prepared a codicil, embracing this 

 alteration, but confirming the will 

 in other respects ; and being intro- 

 duced to the deceased by Mr. 

 Fisher, as a person who was come 

 about his book-debts, the codicil 

 was executed. On the 11th of 

 July, Mr. Noy was again applied 

 to, and attended at the deceased's 

 house, where he met Mr. Fisher 

 and Mrs. Wheeler, who told him 

 that they thought it would be bet- 

 ter for the deceased to dispose of 

 his property by one instrument 

 than by two, and that the residue 

 of his general property was to be 

 given to Mr. Fisher only, as Mrs. 

 Wheeler was to have the remain- 

 ing part of his funded property 

 after payment of the legacies 



charged on it. They then gave 

 him the will and codicil, and the 

 alterations required, being, as he 

 described them, but trivial ; he 

 drew up, on the spot, the new 

 will, and was then introduced by 

 Mr. Fisher and Mrs. Wheeler into 

 the deceased's bed-room to get it 

 executed, for which purpose he 

 was lifted up in bed by Miss Fish- 

 er, who was attending him. Mr. 

 Noy then, as he stated, read the 

 will over to him, pausing at the 

 end of each legacy, and the de- 

 ceased expressed his assent by in- 

 clining his head. A pen was then 

 put into his hand, which was 

 guided by Miss Fisher, and the 

 will signed. The words of pub- 

 lication were then repeated to 

 him, and he again nodded his 

 head. He survived eighteen days 

 from this period, and then died. 



The three testamentary papers 

 were exhibited in the cause, the 

 two former ones appearing to be 

 cancelled ; and they were opposed 

 by the next of kin, on the ground 

 of a confederacy amongst the 

 Fishers and Wheelers to obtain 

 the deceased's property, and his 

 total incapacity to know or under- 

 stand the nature and object of the 

 act he was performing at the time 

 of executing the papers in ques- 

 tion, to prove which a number of 

 witnesses were examined. 



Sir John Nicholl recapitulated 

 their evidence, and observed it 

 was not so material to inquire 

 into the motives of the parties, in 

 paying attention to the deceased, 

 if the effect should appear to have 

 been produced, and he to have 

 really entertained an intention to 

 benefit them by his will. The 

 short account given of the execu- 

 tion of the codicil was also imma- 

 terial, as that was not the ques- 



