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THE IMPORTANT PROBATE SUIT.A SETTLEMENT. ARRIVED AT.In the Probate Division yesterday, the case of Johnston and others v Campbell Johnston and others came on again before Mr. Justice Barnes and a special jury. The plaintiffs were Patrick Erskiue Johnston, rederick Campbell Johnston, and Bruce Campbell Johnston, and they as executors propounded the last will of Patrick Francis Campbell Johnston, dated the 7th of March, 1892. The defendants, seven in number, all of whom are Campbell Johnstons and nephews and nieces of the testator, alleged that the will was not duly executed, that the testator was not of sound mind, and that the will was procured by undue influence. The Attorney General (Sir Charles Russell, (J.C., M.P.), Sir Henry James, Q.C, M.P., Mr. lndervvick, Q.C., and Mr. Bargrave Deane appeared for the plaintiff’s; Sir Edward Clarke, y.C., M.P., Mr. Pritchard, and Mr. Marshall Hall were counsel for the defendants. The property in dispute is stated to be worth £150,000.Mr. Kentish, clerk to Messrs. Marlineau, solicitors, said the will of the 7th of March was duly attested by himself and Mr. Martineau. Whilst the witness was being examinedSir Charles Russell rose and said that his lordship would not be troubled any iurther in this case, as an arrangement had been come t® between the parties. The dispute was between two branches of the same family, and it had been agreed to prove the will of March 7 in solemn form. The arrangement was satisfactory to all parties, and he hoped that it would restore harmony in this family.Sir Edward Clarke said lie was very glad that this arrangement had been come to. The defendants would receive a substantial portion of the sum which was in dispute. He unreservedly withdrew the charges in the defence which charged the plaintiffs with exercising undue mlluence over the testator, and he joined in the hope of his learned friend that perfect harmony would be restored.Mr. Marshall Hall also spoke to the same effect.The jury having found tnat the will was duly executed and that the deceased was of sound mind, Mr. Justice Barnes pronounced for the will i but made no order as to costs.
Newspaper Details
London St James Gazette
London, Middlesex, GB
Sat, Dec 02, 1893
Page 6
Full Page
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Jonathan L.
USA 05 Jun 2025
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