24th Feb 1928 - Braughing, An Interesting Will Case

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Braughing

An Interesting Will Case

The hearing of the Probate action in the matter of the estate of Ezekiel Walter Martin, late of North View, Braughing, Near Ware, retired farmer, who died on February 17, 1927, came on for hearing before Mr Justice Hill in the Probate Court on Tuesday, the 7th inst., and it related to the question as to whether the last will of the deceased, date September 23, 1924, was duly executed.

The will referred to, of Ezekiel Walter Martin, was made by him on a printed will form.

Mr W.O. Willis, K.C., and Mr Noel Middleton (instructed by Messrs. Hare and Son, of Much Hadham) were the council for the plaintiffs, the children of the late Ezekiel Walter Martin, who claimed that the Court should pronounce against the will and that the deceased died intestate; and Mr Cotes-Preedy, K.C., and Mr T. Bucknill (instructed by Messrs. S.J. and S.T. Miller, of Cambridge) were the counsel for the defendants, three of the grandchildren of the deceased, Walter, Arthur and Neva (children of Mr Harry Martin), who benefited [sic] under the will of the deceased.

The gross value of the estate of the deceased was stated to be £12,426 7s. 3.d

Mr Justice Hill said: This is a case very near the line, and of some difficulty. The document which was executed as a will bears date September 23, 1924. On the face of it, it is unimpeachable, and, indeed, if both witnesses were dead it would be impossible to impeach it. It is on a printed form. The writing throughout is that of the testator, with a number of paragraphs. There is no signature at the end of the last paragraph, but a little further down appears, in print, the formal attestation clause, with a bracket against it and against that bracket, on the first two lines, appear the signature and description of the testator, on the next two lines the first witness, and below that the second witness. It looks like a properly executed will. The presumption in law therefore arises, and is strong, that this was the duly executed will of the testator.

But, on the other hand, the two witnesses are alive, and they have both been called. To the recollection of the first witness, Miss Ashdown, I do not attach much importance, because she was evidently an elderly lady; she was extremely nervous in giving her evidence, and it is not so clear as it otherwise would be; and her recollection is, I think, not entirely to be relied upon.

So far as it goes, she said this: That the will was folded, leaving only the lower half of the second page upwards as the will lay on the table, and nearly all the space above the printed attestation clause was covered over with a bit of paper; and she says that when she put her name to that bit of paper, as she did, the name of the testator was not upon it. I have pointed out that in those circumstances it is odd that she should have begun to write her signature as a witness, not on the first line abreast the bracket of the attestation clause, but on the third line; and as it now appears the first line is occupied by "Ezekiel Walter Martin, retired farmer," and the second line by the village where he lived. Still, that is her definitive statement, that there was no signature.

Mr Simpson, the other witness, is much younger, and he is quite positive upon it that there was no other writing when he signed: "There was no other writing that I saw."  He again says that the bit of paper was put across the will, bringing it down to about the fold of the document as it then stood, that is to say, an inch or two above the attestation clause, and that when he signed there was no writing upon what was opened to him, except what Miss Ashdown had written.

He said his memory was quite clear. He is giving evidence now at the beginning of 1928 with reference to something that happened in September, 1924, but he had in an affidavit sworn in April, 1927, said the same thing; so that his recollection is the same throughout - it is not so very long ago.

In face of that evidence I feel bound to say that the presumption is rebutted, and it has been proved that this signature of Mr Martin's was not on the document at the time when the two witnesses signed, but has been put upon it at some later time. In coming to this conclusion, I am not ignoring the fact that Mr Martin had made wills before and that on a later occasion when he witnessed a will it was all done in proper order; but I cannot - I wish I could but I cannot; my sympathies are the other way - do other than find that this will was not properly executed.

I think it is the greatest possible misfortune, because it seems that so far as most of the members of this family are concerned, the thing has been driven to this legal decision. The costs will come out of the estate.

Mr Willis: Your Lordship, for the moment will pronounce against the testamentary papers of September 23, 1924?

Mr Justice Hill: Yes.

Mr Bucknill. I do not know whether your Lordship would say in this case that the costs should come out of the estate as between solicitor and client?

Mr Justice Hill: Certainly.

Mr Bucknill: It is a case where the matter has had to come to the Court.

Mr Jusitce Hill: I think so. I think that is fair.

Mr Willis: If your Lordship pleases.

10th Feb 1928 - Buntingford Petty Sessions

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Buntingford Petty Sessions

Friday last, before J. Howard-Carter, Esq. (in the chair), Claud Fraser, William Steel, G.C. Coutts Deacon and G.W. Pepper, Esqs.

GENERAL ANNUAL LICENSING MEETING

The superintendent presented his annual report, as follows:

Gentlemen, I am directed by the chief constable to report that the number of licensed houses within the Buntingford Petty Sessional Division is 33 fully licensed, 7 beer (one), 4 beer (off), 1 grocer's and 2 registered clubs; total 47.

Four houses have changed hands during the year, being the same number as last year. One licensee has been proceeded against during the year. No person has been proceeded again for drunkenness during the year, this being a decrease of one compared with last year.

The permitted hours in the Buntingford Petty Sessional Division are week-days, 10.30 a.m to 2.30 p.m., and 6 p.m. to 10 p.m.; Sundays 12 noon to 2 p.m., and 7 to 10 p.m.

The Chairman said he thought the whole bench would agree that the report was satisfactory. The renewel of all the licenses would be granted.

OTHER LICENSING BUSINESS

Application was made by Mr George Wickham, of "The Angel" Inn, Buntingford, for the extension of hours from 2.30 p.m. to 5 p.m. on Mondays (Buntingford Market Day). The application was granted.

FAILING TO ILLUMINATE IDENTIFICATION PLATES ON MOTOR CARS

There were two charges against car drivers for failing to illuminate their rear identification plates on motor cars. The defendants, who did not appear, were William B. Witts, of Heathfield, Bassingbourn, and Walter C. Salmon, of 4, Rye Road, Rye Park, Hoddesdon, both motor drivers.

Evidence in each case was given by P.C. Gillett, who said that the rear light of one of the cars was alight but did not illuminate the number plate.

Asked by the Chairman if it was because of dirt on the lamp or plate, the constable replied that the lamp was bright enough but threw a light on to the ground instead of on the number plate.

In imposing a fine of 10/- on each defendant, the Chairman said cases of this kind were becoming before the Bench more frequently. If this continued the Bench may feel it their duty to inflict a more severe penalty.

NO DRIVING LICENCE

Sidney Edwards, of 62, Catharine Street, Cambridge, was summoned for driving a motor car without a driving licence at Buntingford.

P.C. Williams said he saw defendant at Buntingford at 2.40 a.m. on 2nd January, and when he asked him for his licence the defendant said he had left it in another coat.

Supt. Wright read a list of former convictions in 1915, 1916, 1917, 1919, 1923, 1924, 1925, 1926, and 1928, and the Chairman, remarking that the defendant had kept the police force busy, said there would be a fine of 10/- including costs.

GAME TRESPASS AT BRAUGHING

Herbert Petts, of Powel's Green, Braughing, Alfred Hagger, of the same address, and Frank Stacey, of Church End, Braughing, labourers, were chared with game trespass at Braughing. Petts did not appear.

P.C. Barker gave evidence of seeing the defendants in a field with dogs on a Sunay morning. The dogs were hunting the land. When he spoke to them they told him they were after rats.

Mr C.P. Mole, of Braughing, the owner of the sporting rights of the land in question, said he had never given the defendants permission to go on the land.

The bench inflicted a fine of 2/6 towards the costs in each case.

William Prior, of The Street, Braughing, was summoned for a similar offence.

P.C. Barker said he saw the defendant coming from a stack and noticed the legs of two rabbits protruding from the defendant's clothes. He told the defendant he would be reported, to which he replied "There they are; they are worth 1/6 each."

The defendant said that he was returning from work when his dog drove a rabbit into a hole. He got it out, and as luck would have it there was another rabbit in the hole.

The defendant, who had been fined twice previously for similar offences, was fined 10/- including costs.

POSSESSION CASE ADJOURNED

Mr G.H. Maughan of Messrs. Chalmers-Hunt & Co., solicitors, made application on behalf of Mrs Page for possession of a cottage situate at Sandon Lane, Buntingford, owned by her and in the occupation of Jonah Brown. The case came before the bench at a previous sitting, when it was dismissed as a notice had not been read over and explained to the tenant.

Mr Maughan stated that the applicant purchased the cottage in 1926. She was a London school teacher and was retiring on account of ill-health. Brown's rent was 2/- per week, and suitable alternate accommodation had been offered him. The alternate accommodation was at Buckland, and the cottage was larger than the one he was now residing in.

Mr B.E. Thody proved service of the statutory notice to the defendent to the effect that the owner was making application for possession at that Court.

Mrs Page and Mr Page both gave evidence, after which the defendant entered the witness box. He said that the cottage offered him was not suitable. It was three miles further away from his work, and his pony could not pull a cart up the road to the cottage. He objected to taking it.

The Bench discussed the case, after which the Chairman said it would be adjourned for 14 days to give the magistrates an opportunity of inspecting the property. [Transcriber note - Read about the next session here]

PROBATION OFFICER'S REPORT

The Probation Office, Mr H.J. Andrews, presented his report to the Bench. Of the seven cases placed in his hands by the Bench, six had proved successful and one had proved a failure. Mr Andrews then gave particulars of the number of cases - 91 - which had passed through his hands during the year, and said that there were only two failures. This meant that 89 persons had been helped to better things.

The Chairman congratulated Mr Andrews on his report, and said that the magistrates recognised in the Probation of Offenders' Act opportunity for the improvement of many people.

Mr Claud Fraser, a member of the Probation Committee for the county, said he was pleased to have recently made a satisfactory report on Mr Andrew's work.

27th Jan 1928 - Wyddiall, The New Rector

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Wyddiall - The New Rector

Induction of the Rev. W. Mc C. Kerr

The Institution and Induction of the Rev W. Mc C. Kerr as Rector of Wyddiall was conducted by the Lord Bishop of St Albans on Monday afternoon last. The new Rector was formerly Rector of Meesden and is Rural Dean for the Buntingford Deanery. There was a large congregation present at the service.

The visiting Clergy were the Rev. A. Howard (Layston), the Rev. E.E. Empringham (Cottered), the Rev. F.R. Williams (Anstey), the Rev. H. Shepherd (Gt. Hormead), the Rev. A.G. Langdon (Munden), the Rev. A.G. King (Westmill), the Rev. H.F. Webb-Bowen (Barkway), the Rev. F.W.B. Jobson (Braughing), the Rev. A.J. McKinney (Buckland), Canon Shorting (St Albans), and the Rev. W.J. Stewart (Langley). The Rev. Dr H.V.S. Eck, of Ardeley, acted as the Bishop's Chaplain.

Sir Charles Heaton-Ellis, C.B.E., the Patron of the living, presented the new Rector to the Bishop in the following words: "Reverend Father in God, I present you this meet and proper person to be insitituted to the cure of souls in this parish."

The new Rector, standing before the Bishop, then took the various oaths required, after which there was silent prayer. The Bishop then took the new incumbant by the hand and, preceded by the Rev. A.G. Langdon (who acted for the Archdeacon) and the Patron (Sir Charles Heaton-Ellis) he conducted him to the five principal parts of the Church - the Font, the Prayer Desk, the Lectern, the Pulpit, and lastly to the Altar, during which appropriate verses of the hymn, "We love the place, O God," were sung, and certain questions were put to the incumbent, at each place to which he answered "I will do so, the Lord being my Helper."

The incumbent then knelt before the Bishop at Altar rails, and after prayers the hymn "Veni Creator Spiritus" was sung, the Bishop sung the first and third lines and the congregation the second and fourth of each verse. The Bishop then read the letters of Institution, and afterwards, with his hand on the head of the incumbent, pronounced a Benediction.

The incumbent was then led by the hand to the Church door and to the belfry, where he tolled the bell to signify to the parishioners that he had taken possession.

The Bishop then delivered a very stirring address. He said with the institution of their new Rector they were beginning a new chapter in the history of that parish. The great object in every parish, county and country was that men should have life and have it more abundantly. Christ's work goes on through us. Our Lord used a human body to make God known to us, and men came to know that Jesus of Nazareth was the Son of God because they looked at Him in the face. No man could mistrust a Man with a look like His. It is a terrible thing when a man loses his grip on life, and when we hear of men committing suicide we say they are temporarily insane, because normal people want to live.

We must get back to God and find out the laws governing human life. We have seen tremendous progress in many things. Wireless, for instance, and even greater things than that were spoken of. There was a talk of television; so in addition to people ringing you up on the 'phone and talking to you, there was a prospect of them actually seeing what you were doing. A few years ago a man who could drive a motor car was considered a kind of super man.

All material progress has come from study and research, and by following the laws of nature; all theories respecting farming woud "go west" if the laws of nature were not obeyed. 

Fellowship is one of the laws of God and those who belonged to large families knew what that meant. If there were any present who were members of a large family let them thank God for it, for they had received their education, especially if they happened to be the youngest member of the family, for their elder brothers and sisters would see to it that they roughed it.

God had given us parents, brothers and sisters, and we had to learn to live together - sometimes with people we did not like, but all had a common job to do for God, and without Him we can do nothing.

During the singing of the last hymn a collection was taken for the Ordination Candidates Fund, and the service concluded with the Blessing pronounced by the Bishop.

After the service the Bishop, the Clergy, and members of the congregation were entertained at Wyddiall Hall by Sir Charles and Lady Heaton-Ellis.

Miss Marion Macklin, L.R.A.M., presided at the organ.

19th Oct 1928 - Buntingford Petty Sessions

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Buntingford Petty Sessions

Friday Last, before Sir Charles Heaton-Ellis (in the chair), Captain H.H. Williams and Mr G.W. Pepper.

APPLICATION FOR POSSESSION

Mr Alfred J. Miller, of Braughing, made application for the possession of a cottage owned by him and in the occupation of Mr Robert Allen, of Braughing.

Mr Miller said he became the owner of the property in 1928. The tenant had been in occupation since 1926. The rent was 4/6, but when he (Mr Miller) became the owner he raised it to 5/6. The tenant had refused to pay the incrase, and the arrears now amounted to £13 11s 6d.

The applicant was anxious to get possession as he intended putting the cottage in a better condition.

Mr Allen said he had tried for three cottages, but had been unable to secure one. The cottage he lived in was in a deplorable condition, and he did not feel inclined to pay the increased rent until the owner repaired the place. He was quite willing to pay the back rent as he had the money with him, but he could not pay the extra 1/-.

The Bench discussed the matter, and the Chairman said the case would be adjourned for one month to enable the parties to come to terms.

AFFILIATION CASES

Leonard Ward, of Aspenden, and Sidney Oakley, of Buntingford, were summoned by Mr H.J. Andrews for non-payment of arrears in respect of affiliation orders made by the Buntingford Bench.

After hearing the evidence the Chairman said that unless the cases were settled within seven days both men would be committed to prison, Oakley for three months, and Ward for one month.

The last-named paid before the Court closed.