Norfolk Annals, Vol. 2: A Chronological Record of Remarkable Events in the Nineteeth CenturyMackie, Charles
History
Norfolk Annals, Vol. 2: A Chronological Record of Remarkable Events in the Nineteeth Century
Mackie, Charles
Norfolk (England) -- History
29.—At the Norwich Assizes, before Lord Chief Justice Cockburn and a
special jury, was tried a libel action, in which Mr. Samuel B. Cory,
solicitor, Yarmouth, was the plaintiff, and Mr. T. W. Bond, publisher of
the “Norfolk News,” Norwich, the defendant. The libel was contained in a
letter written to the newspaper by a Mr. Fabb, who alleged, among other
things, that Mr. Cory had laid informations in certain game cases, with
the object of putting the fees into his own pocket. Mr. Fabb, it was
understood, had indemnified the “Norfolk News.” The jury returned a
verdict for the plaintiff, with one farthing damages, as to that part of
the libel above quoted, and for the defendant as to other portions of the
libel, on the ground that they had been justified as true. The effect of
the verdict was that plaintiff had to pay his own costs and half the
costs of the defendant. In a second action, Mr. Fabb sued Mr. Cory for
malicious prosecution, and obtained a verdict for £30 damages.
30.—Died, in her 63rd year, at Cheltenham, while on a visit to her
son-in-law, the Rev. J. F. Fenn, Lady Bignold, wife of Sir Samuel
Bignold.
APRIL.
2.—An important will case, Wright _v._ Wilkin, commenced at the Norfolk
Assizes, before Lord Chief Justice Cockburn and a special jury. It was
brought in the form of an action for ejectment to recover possession of
certain tenements and lands held by the defendant, Thomas Martin Wilkin,
solicitor, of Lynn, under the will of an old lady named Mary Mann. The
plaintiff, who was heir-at-law, alleged that the will was obtained from
an infirm and weak-minded person by fraudulent practices and
contrivances. The will had already been disputed, and in that trial a
verdict was given in favour of Mr. Wilkin; this action was brought
because there had come to the knowledge of the plaintiff facts and
circumstances which had been entirely withheld from the former jury. The
trial lasted until the afternoon of the 3rd, when the jury found for the
defendant, subject to argument upon certain points reserved. These were
stated in the Court of Queen’s Bench on April 9th, and were to the effect
that the devise to the defendant was defeated by his neglect to comply
with a condition of the will, namely, that the devise was conditional on
the devisee paying off certain legacies within twelvemonths in case the
personal estate should be insufficient for that purpose. It transpired
that the personal estate was insufficient, but the defendant did not pay
one of the legacies within the time stipulated. It was also contended
for the plaintiff that the devise to the defendant was void, inasmuch as
it was a contrivance to defeat the Statute of Mortmain, several of the
legacies being for charitable purposes, and that the defendant had misled
the testatrix by not telling her that, under 43rd George III., she could
leave as much as five acres of land for the repair of the church. Lord
Chief Justice Cockburn granted a rule _nisi_.
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