APRIL.

2.--An important will case, Wright _v._ Wilkin, commenced at the Norfolk

Assizes, before Lord Chief Justice Cockburn and a special jury. It was

brought in the form of an action for ejectment to recover possession of

certain tenements and lands held by the defendant, Thomas Martin Wilkin,

solicitor, of Lynn, under the will of an old lady named Mary Mann. The

plaintiff, who was heir-at-law, alleged that the will was obtained from

an infirm and weak-minded person by fraudulent practices and

contrivances. The will had already been disputed, and in that trial a

verdict was given in favour of Mr. Wilkin; this action was brought

because there had come to the knowledge of the plaintiff facts and

circumstances which had been entirely withheld from the former jury. The

trial lasted until the afternoon of the 3rd, when the jury found for the

defendant, subject to argument upon certain points reserved. These were

stated in the Court of Queen's Bench on April 9th, and were to the effect

that the devise to the defendant was defeated by his neglect to comply

with a condition of the will, namely, that the devise was conditional on

the devisee paying off certain legacies within twelvemonths in case the

personal estate should be insufficient for that purpose. It transpired

that the personal estate was insufficient, but the defendant did not pay

one of the legacies within the time stipulated. It was also contended

for the plaintiff that the devise to the defendant was void, inasmuch as

it was a contrivance to defeat the Statute of Mortmain, several of the

legacies being for charitable purposes, and that the defendant had misled

the testatrix by not telling her that, under 43rd George III., she could

leave as much as five acres of land for the repair of the church. Lord

Chief Justice Cockburn granted a rule _nisi_. In the Court of Queen's

Bench, on November 27th, the Lord Chief Justice said the rule must be

discharged, as the words in the will were not intended to impose a

condition, the non-observance of which would involve forfeiture. Mr.

Justice Crompton and Mr. Justice Blackburn concurred. The rule was

discharged.

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