10. The average weekly expense of each insane pauper has been estimated by the respective unions. But it is termed, in conformity to the Schedule, the "Average Weekly Cost of Maintenance and Clothing." This does not appear however to be altogether an accurate description of the expenditure. The cost in county or borough asylums may be illustrated from the example of the Chester Asylum, where, according to the 13th Report of the Commissioners in Lunacy, p. 112, the weekly charge for paupers belonging to the county, or to boroughs in the county, is 8s. 2d.; for paupers of other counties or boroughs, 14s. The cost to the asylum is made up thus:-Provisions, 4s. 3d.; clothing, 7d.; salaries and wages, 2s.; necessaries, Ed.; surgery and dispensary, 1d.; wine, spirits, and porter, 1d.; furniture and bedding, 5d.; garden and farm, 2d.; miscellaneous, 3d.; total, Ss. 7d. The charge in licensed houses will be made up, it may be presumed, of similar expenses, with some addition as the proprietor's profit. The charge in workhouses is the expense of food, clothing, and necessaries, supplied for the in-door paupers.

11. The proportion of Idiots to the total number of Insane Paupers is between one-third and one-fourth, i.e, 29.3 per cent. for the whole country. But there is considerable variation from this proportion in different union-counties, and in different divisions. In the metropolis, where it is the lowest, the ratio is 95 per cent.; and in North Wales, where it is highest, it is 52.3 per cent. The following is a list of the divisions, arranged according to the greatest proportionate number of Idiots :

Ratio per cent. of Idiots on total number of Insane Paupers.

In twenty-two union-counties the ratio exceeds one-third of the total of Insane Paupers; namely

Ratio per cent. of Idiots on total number of Insane Paupers.

12. The ratio of Lunatics, and of Idiots to the total number of Insane Paupers, in the different divisions, is as follows:

Ratio per cent. of Insane to total Pauperism.

MEDICO-LEGAL TRIAL.-DISPUTED WILL.-PLEA OF

MENTAL INCAPACITY.

COURT OF PROBATE, December 8.
Before Sir C. Cresswell and a Special Jury.

SKIPPER AND SKIPPER v. BODKIN AND OTHERS.

Mr. Sergeant Pigott, Dr. Tristram, and Mr. Couch were counsel for the plaintiff's; Mr. Edwin James, Q.C., Dr. Phillimore, Q.C., and Mr. Coleridge for the defendants.

The plaintiffs in this case, John Skipper and William Skipper, are the executors of the will of the Rev. William John Smyth, of Cringleford, near Norwich, who died on the 23rd of April last. The defendants are John James Bodkin and William Thomas Bodkin, the nephews, and Mrs. Macdermott, the niece of the deceased; and they opposed probate of the will propounded by the plaintiff's on the grounds that at the time of its execution the deceased was not of testamentary capacity, and that he was induced to execute it through the undue influence of the plaintiffs and of other persons.

The deceased was the son of Colonel Smyth, and the last representative of an old Gloucestershire family. He had one sister, who many years ago married Captain, afterwards Major, Bodkin, and upon his death married a surgeon, also named Bodkin. Mr. Smyth was educated at Emmanuel College, was ordained, and held a curacy until 1812. In 1808 his father, Colonel Smyth, died, and he came into possession of landed property of the value of from 1500l. to 20007. a-ycar. He lived from 1812 until his death at Cringleford, in Norfolk, seeing little or no society. Mrs. Smyth, his mother, lived with him, but she died in 1834, and his property was then increased to the extent of about 70007. In 1832 he made a will, by which he devised the family property to his sister, Mrs. Bodkin, and the property which had been purchased to a Mr. H. Gilbert, a medical man at Norwich, with whom he was on terms of intimacy. A few years afterwards he gave Gilbert an annuity of 1007., and in 1836 executed a deed of gift to him of landed property worth about 30007. Gilbert about that time married, gave up his intimacy with Mr. Smyth, and resumed the practice of his profession. Mr. Smyth then became intimate with Mr. Alfred Massey, the son of a brewer at Norwich, paid the expense of sending him to college, and announced his intention of making him his heir. In 1838 Mrs. Bodkin died, and her death was announced to Mr. Smyth by her son. Mr. Smyth continued his friendship for Massey until 1848, and made various wills in which

he was named residuary legatce of the real estate. About 1848 Massey went to live at some distance from Cringleford. Mr. Smyth then became intimate with the family of the Delfs, which had occupied farms on the estate for a great number of years. He became very friendly with Samuel Delf, and continued that friendship up to the time of his death. In 1854 and 1855 he was also on intimate terms with a Mr. Newton, and executed deeds of gift and wills in his favour. On the 16th July, 1857, he went to the office of his attorneys in Norwich, Messrs. Skipper and Sons, and gave instructions for a fresh will. A will was accordingly drawn up in pursuance of those instructions, and was executed by Mr. Smyth on the 31st of the same month. Its effect was to appoint Massey residuary legatee of his real estate, charging it with an annuity of 50l. to Mr. and Mrs. Edwards, his servants, for their joint lives and for the life of the survivor, to confirm and ratify the various deeds of gift that he had previously executed, and to appoint John Skipper and William Skipper his executors, giving them legacies of 50%. each. This was the will now propounded. The attesting witnesses were Dr. Hutchison, his medical attendant, and a Mr. Dunnan. It is necessary to mention that in all the various deeds of gift, except that to Gilbert, a condition was inserted purporting to reserve the rents to the donor for his life, and as the donees did not enter into possession, he continued to receive the rents, amounting to about 18007. a year, until his death, although he had by that time conveyed away the whole of his property. He died on the 23rd of April, 1859, aged eighty-one.

Mr. John Skipper, an attorney who had practised at Norwich for the last 47 years, said he had been acquainted with Mr. Smyth for 40 years, and had acted as receiver to his estates from 1829 until his death. The amount of the rents and the investments on mortgage varied from 17007. to 2000l. a-year. On the death of his mother, Mrs. Smyth, in 1834, an annuity of 300l. a-year fell in. Mrs. Smyth left a legacy to Mrs. Bodkin, and made Mr. Smyth her residuary legatee. Mr. Smyth was a great will maker, and he had prepared wills for him in 1832, 1834, and 1835. Major Bodkin and his wife stayed at Cringleford for a few days in 1834 to settle the affairs relating to Mrs. Smyth's will. Mr. Smyth always manifested a great dislike to the Bodkins, and in 1842 he gave instructions for a will by which they should be expressly excluded. He executed a will in that year by which he left the bulk of his real property to Mr. Alfred Massey, gave 3000l. to witness and his sons, and legacies to various other persons. In 1844 he executed another will, by which he gave the real estate to Alfred Massey in tail, with remainder, in default of issue, to witness, and confirmed the bequest of 3000l. to him and his sons. By a will of 1846 he left the property to witness and his son in trust for the use of Massey, alleging as a reason that Massey was rather given to gambling, and was not competent to manage it. Upon Massey's marriage, in 1816, he executed a deed of gift of a farm to him, and in August of that year, by codicil, substituted a legacy of 1000l. for the 30007. previously given to witness and his sons. Of this alteration Mr. Skipper gave the following explanation :—He had 20007. in his hands belonging to Mr. Smyth, and he proposed that he should take the money then, instead of waiting until Mr. Smyth's death, and give Mr. Smyth an agreement to pay him interest upon it during his life. Mr. Smyth concurred in this arrangement, and the agreement was given. Mr. Smyth had lent 5001. cach to two of his sons, and subsequently he released them from this debt, but revoked the bequest of the remaining 10007. Thus the entire legacy was revoked, and he received the interest on the 30007 until he died. In 1847 he made another will, giving a farm to Samuel Newton Delf. In September, 1848, there was a codicil executed, devising to the same person a further portion of the estate. By a codicil of December, 1849, a farm was given to Dr. Hutchison; by one of July, 1850, another farm was

given to William Skipper, in lieu of one given by a previous will, and then transferred to Delf; in December, 1850, an annuity of 1007. was given to Dr. Hutchison, but was afterwards revoked. Massey still continued a residuary legatee. In 1841 Mr. John James Bodkin, the son of Major Bodkin, went to see his uncle. He had written to announce his visit, and Mr. Smyth replied that he lived a very retired life, but Mr. Bodkin might come for three days. He accordingly stayed at Cringleford for that time. In 1855 Mr. Bodkin came to Mr. Skipper's office, and said he wished to learn the particulars of some difficulties in which his uncle had become involved. Mr. Skipper told him about the different wills and conveyances he had executed, and that nothing had been left to the Bodkin family. Mr. Bodkin said he never expected anything, and that he had conversed with his uncle for two hours, and he was quite competent to take care of himself, In 1854 Mr. Smyth gave Mr. Skipper instructions to convey another farm to Delf. Mr. Skipper advised him not to execute any more conveyances, and refused to act upon his instructions, whereupon Mr. Smyth took offence, and although Mr. Skipper continued to receive his rents, he went for about 18 months to another attorney. Mr. Skipper considered him perfectly competent to make a will in July, 1857. He was never paid any commission for receiving the rents, but he had the usual fees as steward of the manor, and charged for his professional business.

Cross-examined by Mr. E. James.-The round value of the estate given to my son was 3000/. I prepared the conveyance. My son mortgaged it for 19007. It was given by Mr. Smyth out of friendly feeling. Delf was 21 or 22 years of age when he first made acquaintance with Mr. Smyth. Massey was about the same age. Newton was between 20 and 30, and was the son of a well-known land surveyor at Norwich. I did not visit Mr. Smyth, because I could not descend to the level of his character and habits. I heard that he was fond of licentious and lascivious conversation, but he never said anything improper in my presence. The value of the estate was about 60,0007, and he had disposed of all of it by the time of his death, but he continued to receive the rents. Gilbert was a surgeon, the son of a magistrate for the county. He sold the estate that Mr. Smyth gave him about three years after it came into his possession for 33007. Gilbert had lived at his house for two or three years. Mr. Smyth was a man of very eccentric habits. His eccentricity consisted in withdrawing himself from the society of persons of his own station and associating with persons of inferior education. He never complained to me of bills of exchange having been obtained from him. He told me that he had borrowed 80007. on mortgage, for the purpose of purchasing a farm which Delf had occupied, and that Delf had obtained possession of it. He said Delf had promised to secure 2001. a-year to him, but had not done so, and by his instructions I drew up a deed for the purpose of securing it, but I could not get Delf. to sign it. Delf paid the interest on the mortgage. Mr. Smyth also told me on one occasion that Delf and Newton had got possession of the family plate, and I applied for it, but Delf produced a memorandum signed by Mr. Smyth, and I was not able to recover it. That was towards the end of 1856. Mr. Smyth also complained that Massey had taken away the title-deeds of Cringleford without his consent. I wrote to Massey for them, and he replied that they were not in his possession, but in the hands of a mortgagee. In 1857, Massey brought an action against him on a bill of exchange. I pleaded to the action, and in the affidavit which it was necessary to make in order to obtain leave to plead, I said that Mr. Smyth had been subject to long attacks of debilitating illness, and his memory was so impaired that he could not give information as to facts which had long ago happened. Mr. Smyth was liable to be imposed on and led away by importunities. The reason he gave for the voluntary conveyances that he executed was that the persons he

wished to benefit had contributed to his comfort. I frequently asked him about the conveyances, because I thought he might be acting under threats of some kind, but he always denied it.

Mr. William Skipper, the son of the last witness, was examined and crossexamined at considerable length with regard to the various transactions of which his father had spoken. He stated that on the 16th of July, 1857, Mr. Smyth had come to his office and given instructions for another will. The will was prepared, and he called again on the 23rd, but when it was read over he suggested an alteration as to the manner in which the legacies to the Edwardses were to be paid. It was therefore necessary to re-copy the will, and he made an appointment for the 31st to exccute it. The witness was not present at the execution, but said that Mr. Smyth was perfectly competent to understand the effect of what he was doing. He further said that in 1852 Mr. Smyth conveyed an estate to him which he mortgaged in the following year for 19007. In 1855 Mr. Smyth wished to raise some money, and the estate was sold, the proceeds, after payment of the mortgage, going to Mr. Smyth. By a codicil of January, 1857, to the will of 1854, Mr. Smyth revoked a will he had made between 1854 and 1857 in favour of Newton, revoked the residuary bequest in the will of 1854, and confirmed all conveyances previous to that date.

Mr. James Stark Skipper, a brother of the last witness, was present at the signature of the will, and proved its due execution. He also stated that early in 1856 it was discovered that Mr. Smyth had drawn out the whole amount of the rents deposited at his banker's a few days after the audit, and suspecting that he had been induced to sign blank checks, Messrs. Skipper proposed that all the payments and receipts should pass through their hands, and that he should receive 201. a month for small expenses. That arrangement was carried out and continued up to his death. His explanation of the matter was that his name had been forged, but it was thought more probable that he had signed checks and forgotten it.

Dr. Hutchison said that he had attended Mr. Smyth since 1836, and was one of the attesting witnesses to the will. He was of perfectly competent understanding, and he said the will had been read over to him and it expressed his wishes. He had for many years suffered from hernia. He was of nervous temperament and anxious about his health. In 1853 he conveyed a farm of 36 acres to Mrs. Hutchison, but he received the rents during his life. When he spoke of the Bodkins he said they should have none of his property, because Major Bodkin had insulted him.

Cross-examined.-Mr. Smyth was a quiet, retired man, but he was fond of loose conversation. Mrs. Hutchison did not visit him, because there were rumours about his habits which made it improper for ladies to go to his house. For some time he paid a regular sum, 57. a-quarter, instead of fees, for medical attendance, but at the beginning of 1857 he said he could not afford that sum, and proposed to pay in future by fees. For the next six months the bill for medical attendance amounted to 617., as they were almost daily visits. Mr. Smyth objected to the charge, and in August, 1857, he ceased to attend him. Mr. Smyth had in previous years given him various sums of money, which he looked upon as presents, but which were due for medical attendance, but never more than 100%. at a time. In November, 1856, he attested the execution of a will at Massey's house. (By this will the bulk of the property was left to Massey.) He also attested the codicil of January, 1857, executed at his own house, and prepared by Mr. Skipper. Mr. Smyth was a man of eccentric habits, fond of playing on the piano, and he could run over the keys in a masterly manner, but could only play one tune-"God save the Queen." He would sometimes show off his agility by dancing and running. He had heard from Mr. Smyth of a chargeɔf