The Times, November 30, 1866
TOMLINSON V. BROWN AND WIFE.Ar. Price, QC., and Mr. Jemmett (of the Chancery Bar) appeared for the plaintiff; Mr. Searle for the defendants.The testator in this case was John Halesworth, late of Shirley, in Derbyshire. He lived for many years before his death with Mr. Tomlinson. a farmer at that place, and worked about his farm. Mrs. Tomlinson was his paternal aunt, and by the will, which was made in August, 1861, he left 2001. to'her daughter for her kindness and attention to him in his illness, and he divided the residue between the brothers and sisters of his late father and mother. By the codicil, which was executed in March, 1863, be revoked the bequest of the residue and appointed Mrs. Tomlinson sole residuary legatee, and substituted her husband, the plaintiff, for her as residuary legatee in the event of her pre-deceasing him. He survived her, aud died in April, 1866, and Mr. Tomlinson now propounded the will and codicil. They were opposed by a cousin of the testater and her husband on the grounds of undue execution, incapacity, and undue influence. The value of the deceased's estate was about 700l.
Both the documents were drawn up by Mr. Fox, an attorney, and were attested hr him, and by two medical menwhom he had called in for the purpose. They stated that they had examined him in order to test his sanity, and were satisfied that on both occasions he was of sound and disposing mind. It appeared, however, that some years ago he was confined in a lunatic asylum, and that he had ever since been subject to epileptic fits. He was liring with the Tomlinsons at the time when both the instruments were executed, and mrs. Tomlinson appeared to have taken an activepreparation. No evidence being called for the defendants,
The jury returned a verdict for the plaintiff.
His Lordship pronounced for the will and codicil, but refused to make any order as to costs.
"Tomlinson v. Brown And Wife." Times 30 Nov. 1866: 9. The Times Digital Archive. Web. 20 May 2016. URL http://tinyurl.galegroup.com/tinyurl/37HTX1 Gale Document Number: GALE|CS152478590 (subscription required)
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