He was followed briefly by the Solicitor-General and Mr. Fiddlestick; but
though they talked fluently enough, addressing themselves to various
minor points, they had nothing fresh of interest to adduce, and
finishing at half-past three, James rose to reply on the whole case on
behalf of the plaintiff.
There was a moment's pause while he was arranging his notes, and then,
just as he was about to begin, the Judge said quietly, "Thank you, Mr.
Short, I do not think that I need trouble you," and James sat down with a
gasp, for he knew that the cause was won.
Then his Lordship began, and, after giving a masterly summary of the
whole case, concluded as follows:--"Such are the details of the most
remarkable probate cause that I ever remember to have had brought to my
notice, either during my career at the Bar or on the Bench. It will be
obvious, as the learned Attorney-General has said, that the whole case
really lies between two points. Is the document on the back of Augusta
Smithers a sufficient will to carry the property? and, if so, is the
unsupported story of that lady as to the execution of the document to be
believed? Now, what does the law understand by the term 'Will'? Surely it
understands some writing that expresses the wish or will of a person as
to the disposition of his property after his decease? This writing must
be executed with certain formalities; but if it is so executed by a
person not labouring under any mental or other disability it is
indefeasible, except by the subsequent execution of a fresh testamentary
document, or by its destruction or attempted destruction, _animo
revocandi_, or by marriage.
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