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A DISPUTED WILL.

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COUNTY COURT, MONDAY'.—Before Mr Horatio Lloyd, judge. A DISPUTED WILL. Elizabeth Williams, a widow, sought to establish a will made in her favour by Robert Parry, a farmer and cattle dealer living at Tyddyntriad, Llanfairmuthafarneithaf, Anglesey. Mr Sweten- ham, Chester (instructed by Messrs. H. Jones and Co., Carnarvon), appeared for the plaintiff, and Mr John Roberts, of Bangor, defended.—In his open- ing remarks, Mr Swetenham observed that this was an action in which Elizabeth Williams, as plain- tiff, applied to establish the will of one Robert Parry, Tyddyntriad, Llanfairmathafarneithaf, Anglesey, which was executed on the 1st of July, 1876. The statement of defence to this action was, that the one made on the 1st of July, 1876, was not the will of Robert Parrv that it was not duly executed; that it was made when the deceased was suffering from mental derangement; and that the execution of the alleged will was obtained through the undue influence of Elizabeth Wil- liams and others. He would be able to prove that this was not the case, and he then referred to the part of the will which stated "That Elizabeth Williams is the executrix to me on the whole of my property and that I, the said Robert Parry, with Elizabeth Williams, promise to pay Robert Parry Owens the sum of £10, who is no relation to me but in the law and to Elizabeth Jones, grand daughter to Elizabeth Williams, thelsum of Xio.1, He (Mr Swetenham) would call persons who were present with deceased when he signed his mark to the will, and that it was thoroughly explained to him (deceased) before he signed it. The following witnesses were then called :—Ed- ward Jones, cattle dealer, Nant Ucha', said-I lived half a mile from the deceased, whom I knew well. I remember at the beginning of July, 1876, Elizabeth Jones coming for me, and inconsequence of what she said I went to Robert Parry's house. He was in bed at the time.—Mr Swetenham: I suppose you had some conversation with him?- Yes, in Welsh.—Try and recollect what you said to him when you went to the room ?—I asked if he had sent for me, and he said yes."—Did you ask him what for?—Yes.—And what did he say?— That he wanted to arrange the few things he had, intimating also that he had appointed Elizabeth Williams executrix em the whole property, und had given £ 5 to £ 10 to Robert Pany (.kwu-#, though lie deserved none. T said nothing about Ll. i" Owens, 0 -,v but merely temti rlie deceased to do as' he in- 4 tended.—Was there anything said about your writing ?—He asked me to write down what he would tell me.—Did you take your pen and write what he wanted?—Yes.—Was John Parry in the room at the time you were writing?—lie came in when I had commenced writing.—Did the deceased siy anything to you why he only gave R. P. Owen only L10 ?—Yes, because, he said, he was unkind to him, and declining to sit up with him when lie was unwell.—Did he give you auy other reason ?— I don't remember now.—Try and recollect. Is Robert Parry .Owen married ?-I think he is. I remember deceased saying that if he (R. P. Owen) had not married a prostitute he would have allowed him to come to live with him.—With regard to the other £10 to Elizabeth Jones did he tell you to write down ?—Yes.—After you wrote it, but before he put his cross to it, did you read the will out. Yes. I called John Parry there before reading it out, and I also asked deceasd whether there was something in it that he should like to change, and he said, There is nothing."—And did he put the mark to it ?-Ycs, in the presence of myself and John Parry.— Now, tell me did the old man sefem to understand per- fectly what was going on ?—Oh, yes, certainly. —How often did you see him ?—Sometimes two or three times a week. —During the time you saw him, did he see n capable of knowing what he was doing ?-I never suspected that there was anything the matter with him.—Cross-examined by Mr Roberts: I had known deceased for 30 years. He appeared during the latter part of his life as he usually did, viz., in his right senses. No one in the neighbourhood suspected that he was not right, until they thought of breaking his will. I was called there (to deceased's house) by the servant Elizabeth Jones. I think Elizabeth Wil- liams was there also. It is possible I might have had some conversation with her. I am not aware she was in the parlour. I am not aware that she spoke to me about the will. I refused to allow anycne coming into the parlour when speak- ing with the deceased. I am quite certain the door was closed during the time I was writing. Having written it, the deceased put a cross to it, at the same time saying that he could not write. I called John Parry in to hear me reading the will. Afterwards I asked deceased if he could write his name, to which he replied in the negative and the cross was made. I then signed my name, as did also John Parry. This was in the afternoon, when deceased was in bed. I think he was suffering from rheumatism.—Do you mean to say that this man Robt. Parry was considered quite in his mind, and looked like any other man at the time of his death ? -Yes.-You referred to his having said that he did not give more to R. P. Owen because he lwd offended him in not staying up with him (deceased)? -Yes. He very nigh refused to giva^anything, and said that if R, P. Owen had married the woman he had mentioned, he would have allowed him to stay at his house.—By Mr Sweteuham Deceased lived one year and a month after the will was made, and on several occasions he appeared very well.- By his Honour Had Robert Parry some land ?- He nad no property of his own. He held one farm 15 acres of land.-Who looked after it ?—Elizabeth Williams and a workman that went there.—Did he walk about himself and took interest in the farm ? —Sometimes. But he was unwell for a very long time.-Wheti you went to his home on the 1st July, where did you get the paper to write on ?—I had it off the table.—After the will was written what did you do with it P-I kept it and took it away, and went there to read it after the funeral. -By Mr Roberts: Deceased appeared exactly the same at the time of his death as he was used to do. I went to him about a month before his death with the purpose of knowing if he wanted to make any alteration in his will. Catherine Parry came to me after the funeral, but I did not ask her to give it to Elizabeth Williams.—By Mr. Swetenham: When the will was read after the funeral, was Mrs Parry Owen present?—Yes.—Do you remember her asking you to break the will ?--Yes.She asked if I would assist her in breaking it, to which I re- plied I could not without perjuring myself.—What did she say to you then ?—She asked me not to come against her and that she was going to try and break it.—Was there anything said about money?—She said that if I would not come against her it would be to my advantage. I said again I would not tell an untruth. She then began to quarrel remarking that she would "witch" John Parry, who, she declared, would die very soon.—Mr Swetenham: I hope she won't witch" him before he gives his evidence (laughter). John Parry, said: I am a grocer and flour dealer, living in Four Crosses, in the aforesaid parish.—By Mr Swetenham: I hope Mrs Parry Owen has not "witched" you.—I hope so too; but no thanks to her (laughter). I remember Eliza- beth Jones coming to me on the 1st of July in consequence of which I went to Robert Parry's house. Edward Jones was in the room, but the old man was in bed. Witness then corroborated the previous witness's evidence respecting the signing of the will, and deposed that deceased was in his senses.—By Mr Roberts I do not remember having said to any one that I signed a paper which I did not understand. Did you say that you would have rather than £ 100 you had not signed it? Well, I might have said so, as I was so much troubled by my neighbours. Elizabeth Williams managed deceased's affairs, she having been in his service for years. She had been a very careful servant. Deceased would be about 80 years of age when he died. Elizabeth Jones deposed; I am no relation to old Robert Parry, but I was in his service for two years. I remember going to a Mr Edwards, of Rhos Isaf, in November, 1875, by the request of Robert Parry. I went for Edward Jones on the 1st July, whom deceased wanted to arrange his Ilhings. I also went for John Parry. The old man appeared to be quite right in his senses. I don't remember that he was laid up in bed at that time. When I was sent for Edward Jones he wis in the kitchen.—Cross-examined by Mr Roberts: I don't exactly remember where Elizabeth Williams was. W. Edwards, Rhos Isaf, said I am a farmer, living about a quarter of a mile from deceased's house. I remember Elizabeth Jones coming to me, in consequence of which I went to the old man's house. He was then sitting at the fire. He said that he wanted me to arrange bis affairs, as he was growing old. He asked me to write down on the will. I did so and he signed it with a cross. I lead the will to him two or three times. There was only myself present when the mark was put.—In cross-examination witness said that Elizabeth Williams was in the house at this time, but not in the same room. Moses Williams, collector of rates, said he knew the deceased well, who had paid up his rates up to February last. Witness was quite sure that de- ceased was in his senses. John Roberts, farmer, said he lived within about half a mile to deceased in 1871. Witness never knew him to be different to any other man. Wit- ness asked deceased why he did not let Robert Parry Owen live with him, to which the old man replied that he had married a woman who had illegitimate children.—In cross- examination wit- ness said that deceased was perfectly sensible to February, 1877. Robert Pritchard, shopkeeper, Brynteg, said he knew deceased for about 20 or 25 years. He re- membered going there in company of John Richard Hughes and Wm. Parry, in reply to a request from Mr Hughes. On going there, Mr Hughes knocked at the door, and Elizabeth Williams came there and recognised him. The first thing she said was, Mr Hughes, Brynteg, coming to see an old bachelor who is out of his mind," and Eliza- beth Williams described how confused the old man was, intimating that she had been requested to go to Llangefni for list shoes to him that they might o be married. Morris Pritchard, butcher, Minffordd, said he had known deceased for 40 years. On one occasion he went to him for some hay. Having been in- vited to the house his (vritness'} presence was made known to Elizabeth Williams as "a stranger," I -I-io had come to buy bay. All of a the uld man, who had previously told h" :at he would sell the hav, <ahl rather indi:> .:11- I have no hay." i-riix-sbetl;. Williams said, Its very sad to ;au tuat he doe not understand or remember anything that he does." Rowland Jones, 'Sgubor Fadog, said he knew deceased for 40 years. He was a little related to him. Since Elizabeth Williams went to his (de- ceased) service, he had not been so familiar with witness. Margaret Hughes, Pen'rallt, Brynteg, corrobora- ted the evidence respecting the statement made by John.Parry with reference to the paper he had signed. Owen Jones gave evidence to the effect that Elizabeth Williams looked after all deceased's affairs.—By Mr Swetenham: Are you called the Corroborator General? (roars of laughter).—Mr Roberts objected to this question, as he maintained it was an insult to the witness.—Mr Swetenham replied that he merely asked the question if he wascalledso."—Witness, having stated that he had corroborated evidences in affiliation cases, was ordered to sit down. Rev John Richard Hughes (C.M.), Brynteg- terrace, said I have known the deceased Robert arry for 17 or 18 years. I went to see him in the Finonth of January, 1877, accompanied by Mr Thos. Pritchard and Mr Edward Parry. I knocked at the door, and Elizabeth Williams came there, who immediately shouted, Oh, Mr Hughes, Brynteg, I coming here to see an old bachelor who is out of his mind." I then went in and asked how Robert Parry was. The old man said he wanted to see me, and he made some lemarks that he had a right over some of his property, and had a right, to do as he liked with it. I cannot remember lie exact words. Well, they would be to this effect:- "I have a perfect right and control over my money to do as I please." Elizabeth Williams was present, and she made remarks that he was not to be noticed, because he was not in his right mind." I then asked deceased several questions respecting his spiritual affairs, and he said he had read his Bible and prayed a great deal. He ap- peared very much excited, and he said he had seen the Saviour on Cdlvary. Though I told the servant it was of no use to read to a man who was declarad to be out of his senses, I did read. I did not consider him perfectly sensible at that time, and should not have made his will. I thought he was not all right because he said he had seen .the Saviour on the cross with his own eyes, and that he had been to Calvary.—His Honour: Many persons have said that they have been to the foot of the cross.—Witness then said that deceased was eccentric in his manner.—Cross-examined You and Mr Roberts went there to settle his worldly affairs ?-No, nothing of the kind.—Didn't Mr Roberts get upon his feet and ask the old man if he could go to the bank to get the money ?—Not to my knowledge. I did not hear the old man saying he could do without it. I was not aware that he had made his will. We were about ten minutes at prayer. Mr Roberts, having addressed His Honour at some length, called upon the defendant, Robert Parry Owen, who said i-I am the de- fendant in this case, and a nephew of the deceased. I was reared by him from the time I was two years of age, and I lived there till eight years ago, which was the time I got married. When at Cefn Iwrch I saw my uncle two or three times a week. He always appeared kind to me, and he never said that he was offended with me for having got married. I remained in the neighbourhood two years. After that I went to Bodffordd, which is six miles away. I went to him occasionally from there. I afterwards went to work at Liverpool, from which place also I visited him, and he treated me kindly. I had no reason whatever to believe he' was offended with me. The last time I saw him was two years to last Christmas. He then appeared bad, and did not seem to understand what I said to him, but he recognised me. He fell from a hay stack about 15 years ago, and he had not been the same since. He appeared wild and had curious looks. Until nine years ago he carried dn the business of the farm himself. Cross-examined: Did Elizabeth Williams ma- nage for him in the house after he left ?—I think so. Robert Pritchard corroborated the evidence of the Rev. John R. Hughes, adding that deceased had called Hughes in because he wanted to draw his money from the bank. Elizabeth Williams was present, and she remarked that the old man was out of his senses. Elizabeth Williams asked Mr Hughes to read, and he asked him several questions with regard to death, to which the old man said, Oh, I have been to Calvary, and I saw Jesus Christ on the cross with my two yes," Deceased appeared very wild. Elizabeth Williams said deceased was confused, and that she had drawn his money from the bank. When she said he was deranged, I said he was deranged mostly about his money. I remember the night before the funeral. There was no conversation between me and John Parry, but he said he didn't know what was in the will. He also said he had put his name to a paper which he did not understand.— Cross-examined Is this not what Elizabeth Williams said "I have been to the bank draw- ing £ 10 by his request?"—No. That she had taken all his money out of the bank. I said that the old man should consult a respectable person to look after his money. Elizabeth Williams, plaintiff, said I lived with old Robert Parry as housekeeper for eight years. I remember the 1st of July, when the second will was made. Deceased knew very well what he was doing. I did nothing to oblige him to do it in my favour.—Do you remember Messrs Hushes and Pritchard knocking at your door?—Yes, they came in boldly.-Did you say they had come to see the old bachelor ?—I don't call him an old bachelor. I did not say I had taken the whole money from the bank. I said I had been there drawing sio to pay rent and expenses of the farm. I never said that the old man's mind was deranged.—Cross-ex- amined I don't remember Mr Hughes knocking at the door. I'll not swear to it, neither will I swear that I had not said that he was out of his senses. His Honour, in pronouncing the will, with costs against defendant, remarked that the evidence in favour of the sanity of the testator, and the capa- bility of managing his own affairs, was overwhelm- ing,

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HOLYHEAD.

LLANDUDNO.

SCHOOL BOARD MEETING.

PENMAENMA WR.

VALLEY.

EXTRAORDINARY APPLICATION.

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BANGOR.