APPENDIX TO CHRONICLE. 



247 



left no disposition of it, showed 

 his intention of providing against 

 all possible events. It was there- 

 fore proved, not only that the de- 

 ceased had duly made his will, but 

 that he would never alter itj and, 

 under all the circumstances of the 

 case, the Court was satisfied that 

 the disposition he had thereby 

 made of his property was, in sub- 

 stance, that which was stated in 

 the contents propounded : those 

 contents were short, simple, and 

 easy to be remembered j and the 

 disposition altogether was a very 

 natural one, and not very different 

 from what the law would liave 

 done, had he died intestate. The 

 Court therefore pronounced for 

 the contents of the will as stated 

 in the schedule annexed to Mr. 

 Robinson's affidavit. 



Deffellv. Johnson and Johnson.— 

 This was a proceeding for the 

 purpose of obtaining the decision 

 of the Court on the validity of the 

 testamentary papers of the late 

 James Johnson, Esq. of Wimpole- 

 street, formerly his Majesty's At- 

 torney-general in South Carolina. 

 Mr, Johnson, it appeared, had 

 made a will, regularly executed 

 in Jamaica, in the year 1793, in 

 contemplation, as was suggested, 

 of his then returning to England. 

 By this will he bequeathed his 

 property among his then children, 

 his wife having a separate pro- 

 vision under her marriage-settle- 

 ment. Sub.sequently to the making 

 of this will Mr. Johnson had re- 

 tuinedto this country, and hadliad 

 four children born, andliis proper- 

 ty had increased from 30,0001. to 

 200,0001. Another paper was 

 also submitted to the notice of the 

 Comt, which was foimd within 

 some blotting paper leaves on 



which the deceased used to write 

 in his scrutoire. It purported to 

 contain sonxe testamentary dispo- 

 sitions of the deceased, and was 

 written by him on the back of a 

 printed letter, whicli was dated 

 the 6th July IS 14. The death of 

 Mr. Johnson happened about 12 

 months after that time, and was 

 occasioned by an apoplexy. By 

 this latter paper certain specific 

 legacies, for which blanks were 

 left, appeared to have been in- 

 tended to be given to some of the 

 deceased's children ; the residue 

 was to be divided equally among 

 them, and executors were appoint- 

 ed. The paper broke off abruptly, 

 and was not signed by the deceas- 

 ed, nor dated. 



Dr. Swabey and Dr. Jenner, 

 in support of the first will, argued 

 from these circumstances against 

 the sufficiency of this latter paper 

 to revoke it. It was scarcely pos- 

 sible to describe a more impei'- 

 fect paper. It purported to de- 

 vise real property, and was not 

 executed nor attested ; and the 

 particulars left to be supplied in 

 it were of the most import- 

 ant nature. There were no de- 

 clarations of the deceased as to 

 his testamentary intention which 

 might tend to confirm it ; and all 

 that could be collected with refer- 

 ence to the time of its being vn'it- 

 ten was, that it must have been 

 some time after the 6th of July 

 181 1, which was nearly a twelve- 

 month before Mr. Johnson's death. 

 It must therefoie be regarded as 

 containing mei'ely memoranda of 

 the deceased for his future con- 

 sideration, which he after vizards 

 abandoned, and not as containing 

 his final testamentary intentions, 

 which he was prevented from car- 

 rying into effect by the act of God. 



Dr. 



