The Greville Memoirs, Part 2 (of 3), Volume 2 (of 3): A Journal of the Reign of Queen Victoria from 1837 to 1852Greville, Charles
History
The Greville Memoirs, Part 2 (of 3), Volume 2 (of 3): A Journal of the Reign of Queen Victoria from 1837 to 1852
Greville, Charles
Great Britain -- History -- Victoria, 1837-1901
_August 18th._--The day before yesterday the Judicial Committee gave
judgement in the great case of James Wood's Will, reversing the
whole of Sir Herbert Jenner's judgement both as to the will and the
codicil. The surprise was great and general, for everybody expected
that the judgement would have been affirmed, and this impression was
the stronger, because they had had so little discussion and so few
meetings on the matter. They seem to have made up their minds as the
cause went on, and they kept the secret so well, that nobody had the
least notion what their decision would be, everybody guessing at it
from their own opinions, or the circumstance I have alluded to.
Brougham was there,[7] and arrived long before the appointed hour. He
told me that Lyndhurst would deliver the judgement, and, he concluded,
would affirm. Soon after Lyndhurst arrived, when he took Brougham
aside, and told him what they were going to do. I never saw a man so
pleased. He came up to me and, giving me a great poke in the side,
whispered: 'See how people may be deceived; they are going to reverse
the whole judgement.' Lord Lyndhurst read the judgement, the delivery
of it lasting about an hour. It was, I think, very superficial, and
when he reversed so elaborate a judgement as Jenner's, it was due to
the character of the Judge below, as well as to the importance of
the cause, to go into much greater detail, and to reason the case
more, and reply to those legal grounds on which Jenner's judgement
was grounded. On these they did not touch at all. Having satisfied
their minds that the documents were authentic, and that it was the
intention of the testator that the four executors should have his
money, they decided accordingly, stepping over the technical objection
which arose upon the disjunction of the papers A and B, and discarding
from their minds, as they were right in doing, all consideration of
the misconduct of the parties interested. But it struck me as very
extraordinary that they should not have expressed a stronger opinion
on that point, and that they should have allowed Alderman Wood to take
his 200,000_l._, and Philpotts his 40, or 50,000, without one word of
animadversion upon their behaviour. The Chancellor had said on the
Saturday preceding that he thought the judgement would be reversed.
[Footnote 7: [Lord Brougham had not heard the appeal, nor did Dr.
Lushington sit on it, on account of their supposed intimacy with
Alderman Wood, who was one of the principal legatees.]]
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