308 



ANNUAL REGISTER, 1S12. 



testator's regard for his wife, and 

 his testamentary intention towards 

 her ; that Mr. Clarke having, by in- 

 cessant importunity, persuaded him 

 to make a will, on the 1st. of Oct. 

 1810, produced to him one ready 

 prepared for the purpose; which, 

 on his representation alone, that it 

 was conformable to his intentions 

 in favour of his wife, he regularly 

 executed, but afterwards suspect- 

 ing he had been imposed upon, he 

 seat for a professional man to read 

 it over, and explain it to him ; when 

 his suspicions being confirmed, he 

 immediately cancelled it, and exe- 

 cuted the one, dated the 6th Oc- 

 tober, in favour of his wife; that 

 on the 13th of October following, 

 he, in a fit of insanity, cut his 

 throat, and mangled himself in 

 other parts of his body, and was 

 taken to St. Bartholomew's Hospi- 

 tal, whither he was followed by 

 the importunity of Mr. Clarke; 

 who, on the 16th, about three 

 hours before his death, when in 

 great agony, and in a state of utter 

 incapacity, procured his signature 

 to another will, almost wholly in 

 favour of himself and King, the 

 validity of which was now disputed 

 on that ground. A coroner's in- 

 quest afterwards sat upon the body, 

 and a verdict of lunacy was return- 

 ed ; and it was contended, that the 

 evidence fully proved these facts ; 

 that the case of the adverse parties 

 was one originating in fraud, and 

 carried on by importunity; and 

 that their witnesses, in their eager- 

 ness to speak up to its exigencies, 

 had gone too far, and completely 

 overturned it ; that the second will 

 must therefore be pronounced 

 against, and the first declared 

 valid, with costs. 



In support of the latter will, 



Messrs. Clarke and King's evidence 

 had for its object to shew, that the 

 testator disliked its wife, and lived 

 unhappily with her, and that he 

 had a great regard for Clarke and 

 King ; that though he was a lunatic 

 when he cut his throat, he had 

 lucid intervals afterwards, and that 

 it was in one of them that he 

 made the latter will, which was 

 conformable to his expressions of 

 dislike for his wife, and regard for 

 Clarke and King ; and it was con- 

 tended, that the evidence of the 

 medical gentlemen of the hospital, 

 as to insanity, was founded on too 

 slight an observation of the deceas- 

 ed, to shake the positive testimony 

 that supported these facts, which 

 were sufficient to establish the latter 

 will. 



Sir John NichoU recapitulated 

 the evidence, and observed that 

 the deceased appeared to have a 

 regard for all the parties ; but to be 

 a person of such a fickle, irritable 

 disposition, as to render a depend- 

 ence on that regard very precarious. 

 He was of opinion that the evi- 

 dence of the medical gentlemen 

 was not such as to convince the 

 court of the testator's utter inca- 

 pacity, from the time of his laying 

 violent hands upon himself to his 

 death ; and the other evidence 

 proved such expressions of his, as 

 demonstrated that he enjoyed lucid 

 intervals. He then commented 

 upon the evidence of the patients 

 in the hospital, as to the execution 

 of the latter will, for which pur- 

 pose the deceased was raised up in 

 his bed ; and thought it fully suffi- 

 cient ; and that it was not affected 

 by the exceptions taken to it. He, 

 therefore, pronounced for the vali- 

 dity of the latter will, but without 

 costs. 



Old 



