Sir James Hannen's judgment affirming the validity of Lord St.
Leonards' will, as ascertained from the evidence of Miss Sugden, has been sustained on appeal. On Monday, the Lord Chief Justice, sitting in the Supreme Court of Appeal, declined to call on counsel for the validity of the will for any further argument, as the Court had made up their minds on the case. It seemed quite clear that oral evidence as to the real execu- tion of a will, and the settled purpose of the testator to abide by that will, as so executed, should be accepted ; and if such evidence should be accepted as to the validity of the execution, and as to its never having been revoked or destroyed by the testator, it was impossible to reject the same evidence so far as it tore on the contents and provisions of the will. It was very possible that there were "remainders over," and perhaps a few legacies, of which no trace now remained, but it was no reason for not giving effect to the testator's provisions, as far as they could be recovered, that there were others to which no effect could be given, because they could not be recovered. The heir-at-law should have been satisfied with Sir James Hannen's "luminous and elaborate" judgment, and the appeal must be dismissed with costs. The Master of the Rolls, Lord Justice James, and Lords Justices Mellish and Baggallay con- -inured in the decision.
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