972 
ion of Mr. J. Heath, that this was 
no revocation of the will; this 
was a step beyond Doe v. Lanca- 
shire; and it would have been 
better if the law had held only 
that marriage should operate as 
an implied revocation of a will; 
that was such an alteration of the 
relations of a man, as might rea- 
sonably be supposed to revoke 
his will; but there would be no 
end to revoking it upon the birth 
of every new child; besides, a 
husband might intentionally suf- 
fer his will to stand, from a suspi- 
cion that the child with which his 
wife was pregnant was not his. 
And Lord Ellenborough men- 
tioned an instance of a sailor who, 
having early in life left his whole 
estate to a woman of very ordi- 
nary rank, went abroad and mar- 
ried a lady of fortune, and at last 
died possessed of a very large 
estate, which went to the woman 
in whose favour he had first made 
his will, notwithstanding he had 
acquired the greater part of it by 
marriage. 
Taylor and others v. Diplock— 
This was a question as to a grant 
of administration of the effects of 
Job Taylor, late staff or quarter- 
master-serjeant in the Royal Ar- 
tillery, deceased. He had made 
his will, appointing his wife, Lucy 
Taylor, sole executrix and sole 
residuary legatee. Having been 
for some time in Portugal on fo- 
reign service, he was returning 
with her on board the Queen 
transport, when the vessel, in 
Falmouth harbour, struck upon a 
rock, owing to the violence of the 
weather, and sunk almost imme- 
diately afterwards. Nearly 300 
persons on board perished, and 
ANNUAL REGISTER, 
1815. 
amongst them Taylor and _his 
wife. Taylor died possessed of 
property to the amount of about 
4,000/. and a bill in Chancery 
was filed by the next of kin of the 
wife against those of the husband, 
to ascertain who was entitled to 
this property, but the proceedings 
were at a stand for want of a per- 
sonal representative of the hus- 
band. Both parties, therefore, 
applied to the court for letters of 
administration generally, or that 
the court would suspend granting 
them to either party during the 
dependence of the Chancery suit, 
and in the mean time grant to a 
nominee an administration limit- 
ed to the purpose of substantiat- 
ing the proceedings in that suit. 
This latter prayer was, however, 
abandoned, on understanding that 
the court could not grant a limite 
ed administration where a gene- 
ral one might be granted, and 
was applied for ;. and the present 
question, therefore, was, to whom 
the general administration should 
be granted,—whether to the next 
of kin of the husband as dying 
intestate, his wife not having sur- 
vived, so as to become entitled 
under his will, or to the repre- 
sentatives of the wife as his resi- 
duary legatee, she having sur- 
vived so as to become entitled in 
that character. 
It appeared, from the affidavits 
exhibited on both sides, that at 
the time the accident happened, 
Lucy Taylor was below in the ca- 
bin, and her husband on deck, 
The water was rushing in fast, 
and he offered large sums to any 
one who would go below and save 
her; but finding none would ven- 
ture, he descended himself,’ and 
the vessel immediately afterwards . 
