UNDUE INFLUENCE.

Wanganui Herald, Volume III, Issue 502, 11 January 1869, Page 2

UNDUE INFLUENCE.

In the Court of Probate Sir James Wilde gave a very n°at definition of " undue influence." The question is one that very^seldom arises; for although in ver,jr many wills cases " undue influence" is pleaded, the cases mostly turn upon the mental competency of the testator. But in the case of Efall v. Hall, where the jury found against the will, the fstator was undoubtedly sane, and the only issue was whether or not, in the disposition of his property by what was propounded as his last will and testament, he had acted under the undue influence of his wife. In summing up the case to the jury, the learned judge said— "■ To make a good will a man must be a free agent, but all influences are not unlawful. Persuasion appeals to the affections or ties of kindred, to a sentifnent of of gratitude for past services, or pity for future, destitution, or the like. These are legitinate, and may be fairly pressed on a testator. Gn the other hand, pressure of whatever character, whether acting on the hopes, if so exerted as to overpower the volition without convincing the judgment, is a species of restraint under which no valid will can be made. Importunity of threats, such as the testator has not the courage to resist; moral commtnd asserted and yielded for the sake of peace and quiet, or of escaping- from distress of mind or social discomfort j these, if carried to a degree in which the free play in which the testator's judgment, discretion, or wishes overborne will constitute unde influence, though no force is either used or threatened. And here the jury held that a nagging wife was an "undueinfluence." —' Pall Mall Gazette.'

The public will be glad to hear that Mr Disraeli has been pleased to direct tbat the widow of Dr Stevelly, j formerly professor of natural philosophy in Queen's College, Belfast;, shall receive an immediate grant of £100 from the Royal Bounty, in consideration of the important services rendered to science during' a long period of years 'by her late husband.—Belfast News Letter. The hon. E. B. Portman has just concluded a preliminary inquiry at i Exeter, held on behalf of Govern ment, into the extent to which women and children are employed in agriculture. A large number of 1 landlords and yeomen gave evidence, ! ane nearly all of them expressed a ■ strong objection to parliamentary i interference in the matter, and also to compulsory education. j We understand that, in answer to a recent address to the Prince of i Wains, suggesting- the propriety of his fraternising wi:h the masonic , body us a fitting preparation for the coining ceremonial'at the Glasg-w IN'ew University Bindings, a com- ! raunJcation, dared Dunrobin CasOe. | bis been received from Sir William ! Knollvs, "That the Prince does not purpose, at fill events for the present, joining any masonic lodge, and that he regrer.s, iheref.»»;e, he is unable ro accede to th^uggesHuu in question." It- is said that, the Prince's reserve upon the subject of masonry is due to the influence and example of his illusrrioi/s father, who declined ro enter siuy secret society unless he were first, theoretically made acquainted with its nature, imsteries, and objects.— Glasgow Citizen.