In either case there is nothing discreditable about
it--rather the reverse, in fact; and, taken by itself, there is certainly
nothing here to cause me to disbelieve the evidence of Miss Smithers.
"One question only seems to me to remain. Is there anything to show that
the testator was not, at the time of the execution of the will, of a
sound and disposing mind? and is there anything in his conduct or history
to render the hypothesis of his having executed his will so improbable
that the Court should take the improbability into account? As to the
first point, I can find nothing. Miss Smithers expressly swore that it
was not the case; nor was her statement shaken by a very searching
cross-examination. She admitted, indeed, that shortly before death he
wandered in his mind, and thought that he was surrounded by the shades of
authors waiting to be revenged upon him. But it is no uncommon thing for
the mind thus to fail at the last, and it is not extraordinary that this
dying man should conjure before his brain the shapes of those with some
of whom he appears to have dealt harshly during his life. Nor do I
consider it in any way impossible that when he felt his end approaching
he should have wished to reverse the sentence of his anger, and restore
his nephew, whose only offence had been a somewhat indiscreet use of the
language of truth, the inheritance to vast wealth of which he had
deprived him.
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