APPENDIX TO CHRONICLE. 257 
had to proceed to the considera- 
tion of the question whether or 
not the legal presumption was suf- 
ficiently repelled by the evidence 
in the case. He then entered in- 
to a recapitulation of the family 
history of the deceased, and stat- 
ed the terms of the “ brief state-> 
ment” of the 10th of March, pre- 
ceding the deceased’s death. This 
paper, he observed, established 
three material points, Ist, That 
the deceased up to that time en- 
tertained the intention of pro- 
viding for Miss Price, as the fixed 
purpose of bis mind. 2ndly, That 
he did not consider his relations 
as having any claim upon his tes- 
tamentary bounty. And, 3rdly,that 
the mode by which he then pur- 
posed tomake the provision for 
Miss Price was by an annuity or 
life interest only. His property was 
about 4000/, certainly not an exces- 
sive sum for such a provision, and 
it was not even suggested by the 
opposite party that there was any 
alteration in his affection for the 
young lady down to the time of 
his death. What, then, was the 
case they must set up as against 
this will? They were reduced 
to the dilemma either of ad- 
mitting that the will in question 
is the only oneby which he meant 
to make the intended provision, 
which would wholly destroy their 
case ; or of asserting in direct con- 
tradiction to all the evidence of 
the deceased’s intentions, that he 
destroyed this will, intending not 
to provide for her at all. In 
March, then, it was clear, he 
meant to provide for her by an- 
nuity; butin June he made a will, 
giving her all his property abso: 
jately.. It was not necessary for 
Vou, LVIIL, 
the Court to inquire into his 
motives for this change in the 
amount of the benefit conferred, 
still less to sit in judgment upon 
the propriety of the act itself. He 
had a right, in this respect, to 
follow the dictates of his own 
feelings. His motives, however, 
appeared to have been misrepre- 
sented by theworld, andMiss Price 
fell under its censure. This affect~ 
ed her health ; and in the opinion 
ofthe deceased,asexpressed in his 
letters to his family, gave her ad- 
ditional claims upon him. It was 
but justice to the family to ob- 
serve that they were not forward 
thus to impeach the purity of his 
motives, but conducted them- 
selves towards Miss Price with 
great liberality. One person only, 
Mr. Marston, ventured to suggest 
to the deceased, the construc- 
tion the world put upon his 
acquaintance with this lady, and 
urged him to break it off ; but he 
invariably refused, saying, he did 
not care for the opinion of the 
world, and it was certainly but 
justice to his memory to say, that 
there did ‘not appear the least 
foundation to suppose that any 
improper intimacy subsisted be- 
tween them. Her behaviour to 
him was that of an affectionate 
daughter, paying the most un- 
remitting attention to his health 
and comfort, even to the injury 
of her own. It was the ordinary 
course of human feeling to mags 
nify attentions shewn in the de- 
cline of life. The gratitude be- 
comes stronger as’ the want of 
such attentions becomes greater, 
and it was therefore. very natural 
that the deceased should latterly 
determine to make his testament= 
