REMARKABLE WILL SUIT.

Waikato Times, Volume XXVI, Issue 2110, 16 January 1886, Page 2 (Supplement)

REMARKABLE WILL SUIT.

Ix the Probate division, London,on Monday, November 23, the case of " Cowburn and Davison v. Pound," came on for hearing before the Right Hon. the President and a special jury. The case arises out of the testamentary cispositions of the late 3lr James Pound, a commercial trivcller, who died in IS7S. This gentleman appeared to have married the defendant in 1836, and he lived with her afterwards as his wife, and had children by her. Some years after he seemed to have made the acquaintance of a Mrs Susannah Jackson, who had been manicd to a Mr Foster, but who was separated fiom her husband. With this lady he lived as Ins wife under the name of Jackson, while he alternated his residence with her an-1 the lady to whom he was married in ISSG. He kept an establishment at both houses, w here he received his orders and his commissions. He was often away on journeys, and his absence gave rise to no suspicion on the part of either party. In October, IS7S, Pound appeared to have executed a will iv favour o Jackson, by which he left her two houses in Graham-road, Dalston. He died some time after, and after he did so Jackson proved the will. She was taken ill some time after, and ou being so she made a will in favour of hor sisters, comprising the property left her by Pound. This will of Jackson was now propounded by her executor, and it was opposed by the defendant, the original Mrs James Pound, on the usual grounds of incapacity, undue influence, and that Pound at the time it was executed did not know or approve of its contents. In support of the will propounded by Jackson, several witnesses were called, who spoke is to Pound living with her as his wife, and to having treated her as such. Mr Parks, who prepared the will propounded, stated that he prepared it according to Pound's instructions. Mr Channell addressed the jury for the defendant, Mrs Pound. There was no doubt that Pound up to his death acknowledged hid fust wife and his children. At the same time it was equally clear that he wished to make a provision for Mrs. Jackson, and w ith that view he made over to her the two houses In Graham-road. She was married undoubtedly to a Mr Foster, and the terms of the w ill were such as showed that the testator believed the will could not operate, as by that will he did not revoke the will he had made in favour of his real wife. He knew thai he was signing a will in a false name, in favour of a woman in a false name, and he knew that it was inoperative. His contention was that Potiud never iutended this document prepared by Parkes to be a will at all, but simply as a means of covering and secluding his true position. In the course of the learned counsel's argument Sir James Hannen suggested that, under the circumstances, the first wife should get probate of her will, and that the second wife, Jackson, should get probate of her will. The jury could then be discharged, and all the other matters be left to him. This arrangement having been agreed to, the jury were discharged, and the case terminated, the learned judge reserving his decree as to the ultimate disposal Of it,