APPENDIX TO CHRONICLE. 
traordinary circumstances that the 
Court could direct costs to be paid 
out of anestate. Under all the 
circumstances of the case, had the 
letters which Mr. Worthington 
thought necessary to introduce 
been merely annexed to the inter- 
rogatories on the cross examina- 
tion of Miss Price’s witnesses, the 
Court might have recommended, 
though it would not then have 
gone the length of directing the 
costs to be paid; but as Mr. W. 
had gone on to plead them with 
other matter, and examined fresh 
witnesses in support of that plea, 
certainly the present prayer for 
costs could not be acceded to.— 
Miss Price would exercise her 
own discretion voluntarily to pay 
them. 
Yapp v. Sanders and Others.— 
This was a proceeding relative to 
the validity of the will of the late 
Mr. Robert Morgan, Jate of Cam- 
den-street, Islington, deceased. 
The will was dated the 5th of 
October, 1805, and after giving 
several specified legacies, be- 
queathed the residue of his pro- 
perty to a Mrs. Greenough, who 
resided with him in the capacity 
of house-keeper, and appoirted 
Mr. Thomas Longford, of Isling- 
ton, and William Yapp, esq. Lom- 
bard-street, executors. The will 
had, however, been subsequently 
torn by the deceased, but the 
pieces was preserved, and it was 
now propounded, on the part of 
Mr. Yapp, on the ground that the 
deceased, at the time of tearing it, 
was not in a state of mind to 
know the nature of the act he was 
committing, and it was opposed 
by four cousins of the deceased, 
claiming as his next relations. 
259 
It appeared from tlie evidence 
in support of the will, that the 
deceased had been a haberdasher, 
but had retired from business to 
lodgings in Camden-street, Isling- 
ton. He had called at the office 
of Messrs. Creswell and Adams, 
in Doctors’ Commons, and given 
instructions for the will, which 
was accordingly prepared, and on 
the following day, being the 5th 
Oct. 1805, he called and executed 
it. He then took it away with 
him, deposited it in a bureau in 
his sitting room, and subsequent- 
ly made some memoranda on the 
back of it relative to his funeral, 
the nature of his property, &c. 
He was also proved to have en- 
tertained a great regard for his 
house-keeper, Mrs. Greenough, 
not only for her attentions to him- 
self, but alsoon account of herhav- 
ing been an intimate friend of his 
deceased sister. InSeptember] 809 
he experienced a paralytic attack, 
which deprived him of the use of 
his right side, and affected his 
speech and mental faculties.— 
From this time his health gradu- 
ally declined, and his mental ca- 
pacity declined with it, until he 
was at length reduced to a state 
of the greatest imbecility, both of 
body andmind. In this state, on 
the 6th of June, 1810, having 
been wheeled in his chair from 
his bed room into his sitting room, 
and there accidentally opened his 
bureau, he took out his will and 
tore it to pieces, and at the same 
time threw down some bank notes 
one of which was afterwards found 
within side the fender by the fire- 
place. Mrs. Greenough coming 
in, and observing what he had 
been doing, apprized him of it, 
but be replied only by a childish 
Ss 2 
