APPENDIX TO CHRONICLE. 



24P 



India Docks — a paper which it 

 was not probable the deceased 

 should long keep by him ; and it 

 did not, therefore, appear that the 

 document in question was written 

 shortly before his death. Conjec- 

 ture upon such a subject was not 

 sufficient, and there was nothing 

 else in tliis case. The paper ap- 

 peared to contain merely the first 

 thoughts of the deceased for fu- 

 ture deliberation. There were 

 no testamentary declarations, nor 

 any thing which the law requires ; 

 and as it was not sufficient to dis- 

 pose of his property, it could not 

 revoke his former will. Under 

 these circumstances, although 

 they might form a strong claim 

 upon the equity and humanity of 

 the residuary legatee, the court 

 felt itself bound to reject the alle- 

 gation pleading the latter will. 



Arches Court, Doctors' Commons. 

 — Sturges V. Paterson. — This was 

 a cause of legacy brought by Mr. 

 James Sturges, the nephew and a 

 legatee named in the will of INIr. 

 Joshua Sturges, late of the Hay- 

 market, victualler, deceased, 

 against the executor, IMr. Simon 

 Paterson. 



The words of the bequest were 

 these, " To my nephew James 

 Sturges my watch and gim, and 

 likewise a book of manuscript re- 

 ceipts marked with the letter R." 

 The will was dated August 12, 

 IS 13, and tlie testator died a few 

 days afterwards, possessed of four 

 watches ; viz. a gold repeating 

 watcii, valued at about fiOl. which 

 he had taken in part payment of 

 a debt, a silver wutch which had 

 originally belonged to his brother 

 Luke, a })inchbeck watch, and an 

 old silver watch ; and the ques* 



tion was, which of these watches 

 the deceased meant to give by the 

 bequest stated. The executor 

 contended, that it was the silver 

 watch, formerly belonging to 

 Luke Sturges, and accordingly 

 tendered that watch, with the gun 

 and book of manuscripts ; but the 

 legatee contended that it was the 

 gold one, and therefore refused 

 to accept the tender of the silver 

 one. 



From the endcnce of the lega- 

 tee it appeared, that the deceased 

 became possessed of the gold 

 watch about a twelvemonth be- 

 fore his death, and from that 

 time, including of course the pe- 

 riod of the will being made, con- 

 stantly wore it until his death, and 

 one of the witnesses stated that 

 the deceased told him he meant to 

 leave it to a nephew of his. 



From the e\ idence for the exe- 

 cutor it appeared, that the de- 

 ceased became possessed of his 

 brother's watch at his death, in 

 the latter end of 1S07, and from 

 that time usually wore it. In a 

 draft of his will which he made 

 in January, ISll, he gave a lega- 

 cy to his nephew in these words, 

 " I will to my nephew, James 

 Sturges afoi'esaijl, at my decease, 

 the sum of — my gun, my late 

 brother Luke's watch, and a book 

 of manuscript receipts, marked 

 with the letter" R." but in April, 

 1812, he became possessed of the 

 gold watch, by taking it in ex- 

 change for a debt, at 50 guineas, 

 which was below its value. He 

 wore it for some little time, but 

 considering it too valuable a watch 

 for him to wear, he offered it to 

 Mr. Kirk, a watch-maker, to dis- 

 pose of for him for GO guineas, 

 and offered him five guineas for 



his 



