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Horner had thought that he had shown especial aptitude; and there was a kind of implied apology to my lady in one sentence where he stated that Harry's lameness would prevent his being ever able to gain his living by the exercise of any mere bodily faculties, "as had been wished by a lady whose wishes" he, the testator, "was bound to regard."
The niece to whom all the property was left to the exclusion of the son and daughter of the deceased, both married, and living away from home stayed with the testator and looked after him. Shortly before his death, however, he and this niece had violently quarrelled on account of an intimacy which the latter had formed with a married man of bad repute, who was a discharged lawyer's clerk.
I know full well that I am unworthy of the inheritance; I do not demand it on my merits, as though it had been due me, but on the favor and grace of the testator. If he did not think it too much to bequeath to me, why should I so despise myself and not claim and take it?"
The order of succession is regulated by nature, or at least by the general and permanent reason of the lawgiver: but this order is frequently violated by the arbitrary and partial wills, which prolong the dominion of the testator beyond the grave.
It had little more to do with selfishness than if the testator had appropriated the same sums in the same way to build a pyramid, to construct an aqueduct, to endow a hospital, or effect any other patriotic or merely fantastic purpose.
Wallingford, which instructions I still possess, in his own hand-writing, but the will was copied by my client, as well as signed and sealed in my presence, as one of the witnesses. So far as relates to the personals, this will would be valid, though not signed by the testator, supposing no other will to exist. But, I flatter myself, you will find everything correct as to forms." Mr.
"An eminent physician not long deceased was once giving evidence in a will case, and on being asked by counsel what fact he chiefly relied upon as establishing the insanity of the testator, replied without a moment's hesitation: 'Chiefly upon his unquestioning faith in the value of my prescriptions. It might perfectly well be contended that this evidence failed to establish the point at issue, and that faith in the prescriptions of a physician hardly deserved to be stigmatised in so severe a manner.
I must remark upon a very singular point that has been raised by the learned counsel for the petitioner, which is this: "My learned friend points out that these remains were discovered near Eltham and near Woodford and that the testator was last seen alive at one of these two places. This he considers for some reason to be a highly significant fact. But I cannot agree with him.
And for this cause he is the mediator of the new testament, that, death being suffered for the redemption of transgressions committed against the first testament, they who are called might receive the promise of an eternal inheritance. For where a testament is, of necessity the death of the testator is implied.
To his inconceivable disappointment, instead of bequeathing to his nephew the free disposal of his 6,000 pounds, that sum was assigned to trustees for the benefit of Gabriel and his children yet unborn, "An inducement," said the poor testator, tenderly, "for the boy to marry and reform!" So that the nephew could only enjoy the interest, and had no control over the capital.
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