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![handle is hein.slavery/ssactsengr0227 and id is 1 raw text is: PETLEY V. CATTO [1848]
it plainly manifested itself? Very far from it. The Will, if it does not confirm
that inference, is perfectly consistent with it. The Will is in favour of a person
unknown to the testatrix, though bearing her name, except by having made a Pro-
testant speech in Ireland, of which she read an account in a newspaper. To him,
for no other reason, she leaves £39,000, or £40,000, setting aside her [370] brother,
Thomas Waring, to whom she had before given it, and towards whom, one of her
most remarkable delusions pointed (according to the testimony of a witness called
in support of the Will) towards whom, seized by this delusion, that he was turned
Catholic, she declared a diminished affection on that score, and from whom she
took the sum to give the Protestant speaker. We are all clearly of opinion, that
the inferences of unsoundness rather gather strength from the factum, and are
nowise impaired by it.
Lastly, the Will is an incomplete instrument; and requires subsequent confirma-
tion, by being recognized. The Codicil made in or after 1836, we know not how
long, may have been made after the inquisition found her insane; but, at any rate,
it was made when her unsoundness of mind had become more generally manifest,
than at the date of the Will, and it is past all possibility of doubt; any acknowledg-
ment at the time is plainly nugatory.
We, therefore, entirely agree with the Court below, in refusing probate to this
Will. Though satisfied with the elaborate reasoning of the learned Judge, who
so fully, and so ably, dealt with the case, we have deemed it right to enter much at
large into the whole subject here, and to give, at full length, the reasons of which
our judgment of affirmance is grounded; stating the principles of the law, and the
result of the evidence as to facts, because the law respecting what is called partial
insanity has never before been laid down in the Superior Court, and beause the
Respondents having been stopped, the evidence had not been examined, except on
one side in the argument at the Bar. The appeal is dismissed, and the sentence,
refusing probate, affirmed, with costs.
[Mews' Dig. tit. WILL; I. TESTAMENTARY CAPACITY; g. Soundness of Mind. S.C.
12 Jur. 947. Lord Brougham's view that-the mind being one and indivisible
-any degree of mental disorder rendered it unsound (6 Moo. P.C. 350, 351,
352), was adopted by Sir J. P. Wilde in Smith v. Tebbitt, 1867, 1 P. and D.
398; and Hancock v. Peaty, 1867, 1 P. and D. at p. 351 ; but was disapproved
of by the Court of Queen's Bench in Banks v. Goodfellow, 1870, L.R. 5 Q.B.
549, and is now accepted as correct: see Boughton v. Knight, 187 3, 3 P.
and D. 64; Burdett v. Thompson, 1893, ib. 72 n. (1); and cf. Roe v. Niw (1893).
P. 55; Pilkington v. Gray (1899), A.C. 401; and the American case, Delafield
v. Parish, 1862, 25 N.Y. 9.]
[371] ON APPEAL FROM THE HIGH COURT OF ADMIRALTY.
THOMAS PETLEY and Others,-Appellants; WILLIAM CATTO and Others,-
Respondents * [July 4 and 5, 1848].
The CHRISTINA.
A steam-tug entered into a verbal agreement with the master of a vessel, having
a licensed pilot on board, to tow her to London; in coming up the river they
came across a brig near a tier of vessels; the pilot hailed the tug to go to
the westward of the brig, but the master of the tug disobeyed the order, and
went to the eastward, and thereby caused a collision between the vessels.
The tug afterwards completed the towage, and brought the vessel to her
destination : Held, in such circumstances, that the disobedience of the orders
of the pilot was not justifiable, and that the towage was forfeited.
* Present: Lord Langdale, Lord Campbell, Sir Herbert Jenner Fust, and the
Right Hon. T. Pemberton Leigh.
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