330 



ANNUAL REGISTER, 1818. 



payment of a legal demand, or 

 in an attempt to resist the pay- 

 ment of an illegal demand, if 

 the coachman was not in collu- 

 sion to enforce that demand, the 

 defendants were justified in driv- 

 ing on. But if, from the evidence 

 that had been given, the jury 

 thought that the coachman was 

 leagued with the ferryman to 

 enforce the payment of this 

 illegal demand, the defendants 

 could not justify leaving the 

 plaintiff behind, but ought to 

 have waited till tlfe plaintiff" had 

 gone before a magistrate. 



The Jury found a verdict for 

 the plaintiff", damages 2l. lis., 

 being the expense of a chaise, 

 which the plaintiff had been ob- 

 liged to hire from Conway to 

 Holyhead. 



PREROGATIVE-COURT, WEDNES- 

 DAY, DEC. 9. 



Mudo V. SiitcUfe.—The tes- 

 tator in this cause, Mi'. Timothy 

 Sutcliff"e, deceased, was one of 

 the Quaker persuasion, and mar- 

 ried in 1803 a Miss Osborn, him- 

 self being 25 yeai's older than that 

 lady. It appears, that soon after 

 their union, the deceased became 

 jealous and suspicious of his wife; 

 and accordingly, under the in- 

 fluence of those feelings, had 

 made a will, dated in the year 

 1804, by which he cut her off" 

 without a shilling, and left the 

 whole of his personal and freehold 

 property to his nephews and 

 nieces. His will was deposited 

 with Mr. Musto, his brother-in- 

 law, residing in Essex. But 

 shortly after, finding that his 

 suspicions were totally ground- 

 less and unfounded, Mr. Sutclift'e's 



aff"ection for his wife returned; 

 and the peace and harmony of the 

 parties were completely re-estab- 

 lished ; the best understanding 

 prevailing between them down to 

 the day of his decease, which 

 happened on Nov. 5, 1817. In 

 that interval deceased frequently 

 expressed to Mr. Sutcliffe, as 

 well as to many of his friends, 

 his fixed intention of altering 

 the will ; and on one occasion 

 made a particular appointment 

 with Mrs. Sutcliff'e to accompany 

 him to town, whither he was 

 going to receive his dividends: 

 and after transacting his business 

 at the Bank, to proceed into 

 Essex, in order to procure the 

 will from Mr. Musto, for the pur- 

 pose of making alterations in her 

 favour. Many domestic contin- 

 gencies, however, happened to 

 prevent Mrs. Sutcliffe from ac- 

 companying him, or even, as in 

 that event he had directed her, 

 from following him to town. Mr. 

 Sutcliffe returned home to their 

 residence at Henley - upon - 

 Thames, without going on to 

 Essex ; and on that occasion the 

 proposed journey into that county 

 was postponed until his next 

 going to receive his dividends, 

 which he took twice a-year. Soon 

 after, on the morning of the 4th 

 of November, 1817, the deceased 

 was taken extremely ill ; and the 

 parish schoolmaster, a Mr. Chap- 

 man, was sent for, to take instruc- 

 tions for making out a new will, 

 which was that now on behalf of 

 Mrs. Sutcliffe. The depositions 

 alleged, that on the arrival of 

 Mr. Chapman, deceased was ex- 

 tremely ill and debilitated; he 

 was informed by Mrs. Sutcliffe 

 of the nature of those dispositions 



which 



