A report of the judgement in Dew v. Clark and Clark / delivered by the Right Honourable Sir John Nicholl in the Prerogative Court of Canterbury [respecting the validity of the will of Ely Stott], Easter term, 1826. Edited ... by John Haggard.

  • Haggard, John, 1794-1856
Date:
1826
Catalogue details

Licence: Public Domain Mark

Credit: A report of the judgement in Dew v. Clark and Clark / delivered by the Right Honourable Sir John Nicholl in the Prerogative Court of Canterbury [respecting the validity of the will of Ely Stott], Easter term, 1826. Edited ... by John Haggard. Source: Wellcome Collection.

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    be a mixture of wisdom and folly, it is to be pre¬ sumed, that the same was made during the testator’s frenzy; insomuch that if there be but one word sounding to folly, it is presumed that the testator was not of sound mind and memory when he made the same.” (a) The question, then, is not—whether parts of the will are rational; but — whether any part shows de¬ lusion at that time existing, even taking the question on that less favourable ground. The will itself, ih this case, emanating certainly from the deceased’s own mind, affords proof of the presence of disorder instead of its absence : the paragraphs recited show it to be grounded on perverted notions : the original delusion induces him to cut off his daughter, and to give these legacies to IIey and Goff; or rather to cut off Goff also, on the suspicion that “ he had been closeted with his daughter at Wilson’s, and had begun to take part with her,” as he expressed it in the exhibit to which I have adverted. In Mr. Bramley’s account, there are some rather unusual fancies in the mode of preparation. Now, without enlarging on those fancies, it is clear that Mr. Brand ey, very prudently, and, perhaps, very properly, did not probe the mind of the deceased, and said nothing which would excite him to any very violent or decided marks of his derangement. He says : —• “ He can very positively depose, that the words contained in the two sentences (b) were copied ver¬ batim from the paper in the deceased’s hand-writing: he remembers having expressed an objection to the (а) Swinburne on Wills, partii. sect. 3. p. 125. 7th edition. (б) Vide p. 19. ante.