Derby Mercury - 5 December 1866

LAW INTELLIGENCE.
COURT OF PROBATE, Nov. 29.
(Before Sir J. P. WILDE and a Common Jury.)
TOMLINSON V. BROWN AND WIFE.

Mr. Price, and Mr. Jennmett (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 me death with Mr. Tomlinson, a farmer at that place. and he worked about his farm. Mrs. Tomlinson was his paternal aunt, and by the will, which was made in August. 1861. he left 200P. 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. Bv the codicil, which was executed in March, 1863, he revoked the bequest of the residue and appointed Mrs. Tomlinson sole he residuary legatee, and substituted her husband, the plaintiff, for her as residuary legatee in the event of her pre-deceasing him. He survived her, and died in April. 1866. and Mr. Tomlinson now propounded the will and codicil. They were opposed by a cousin of the testator and her husband on the grounds of undue execution, incapacity, and undue influence. The value of the deceased's estate was about 700P. Both the documents were drawn up by Mr. Fox. an attorney, and were attested by him, and by two medical men, whom 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 as been subject to epileptic fits. He was living with the Tomlinsons at the time when both the instruments were executed, and Mrs. Tomlinson appeared to have taken an active part in their preparation. 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.