I cannot tell you how praiseworthy, how wise and sensible, your plan seems to me; but what surprises me is that the testatrix never suggested it to you, she being a woman of such clear and sound judgment in matters of this sort.
I took down the name of the intendingtestatrix and his own information as to the nature of her property.
Do you think you would know the testatrixif you saw her again?
I deposed to what I have already stated, but I was unable to say that I considered the testatrix had not testamentary capacity.
They had to admit, on cross-examination, that Mr. George Ralph Jephson was sometimes called Ralph, but they denied that they had ever heard the testatrix so describe him.
You had never seen the testatrix before, I suppose?
Only one candle when the testatrixwas making her mark!
Unfortunately, having put off signing her will from day to day, she had died without carrying out that intention, and unluckily for him the prisoner had found a will among her papers, but without the signatures of the testatrix or witnesses.
McDonald, the testatrix subscribed the will in a small bedroom, and the witnesses signed in an adjoining room.
The will was signed by the testatrix in the presence of two witnesses.
The testatrix then made her niece, Harriet Hunt, her residuary legatee, and appointed Lady Hort and Richard Baker her executors.
He testified further that he never saw the testatrix before that time, and remained in the room only no more than ten or fifteen minutes.
The Surrogate held that the form of the will was fatally defective, because the will was not subscribed by the testatrix and signed by the attesting witnesses at the end, in conformity with the requirements of the statute.
The other testified that he saw thetestatrix sign the instrument.
I shall take pleasure to tread in the steps of the admirable testatrix in all I may; and rather will increase than diminish her poor's fund.
My explanation, my lord, is that the testatrix had often expressed to me her intention to leave me £5,000, and I wrote the codicil which was destroyed to carry out her wishes.
This bequest was vested in the English trustees of the testatrix who were instructed to apply the interest for his benefit until he reached the age of twenty-five, after which the capital was to be handed over to him absolutely.
As is customary, Dalton requested the three gentlemen to converse with the testatrix and satisfy themselves that she was in proper mental condition.
