Great Will Case
Dyce Sombre v. Troup.
This was a business of proving, in a solemn form of law, the last will and testament, with a codicil thereto, of David Ochterlony Dyce Sombre, Esq., formerly of Sirdhana, in the Upper Provinces of Bengal, in the East Indies, and late of Paris, dated respectively the 25th of June, 1849, and the 13th of August in the same year, and which was originally a business of granting letters of administration, on the suggestion that he had died intestate, pro- moted by the Hon. Alary Ann Dyce Sombre, widow of the deceased, against Ann May Troup, the sister and next of kin of the deceased, and also against Henry Thoby Prinsep, Esq., one of the executors named in the will.
The documents were propounded in a special allegation, which pleaded that the testator was born at or near Sirdhana, in or about 1808 ; that his father was of Asiatic extraction, and for some time a colonel in the scrvicc and an ofiicer of the household of the Begum Sombre, a princess who exercised rights of sovereignty over a territory in Hindostan; tnat his mother was the granddaughter of General Sombre, who had been the husband of the Begum Sombre, or who had cohabited with her as such, but who died in her lifetime; that the deceased was, while an infant, adopted by the Begum Sombre, who brought him up in her own palace, and treated him in all respects as her own son; that on the completion of his education, which he received partly under the superintendence of a clergyman of the Church of England, lie was ad- mitted by the Begum Sombre to take part in the arrangement of her affairs, and was consulted by her thereon; that, finally, he acquired great power ana authority within the territory of the Begum, and continued to exercise the same until her death, which happened in January, 1836; that Mrs. Troup was a natural and lawful sister of the dcccascd; that Madame Solaroli was also a child of his father, but whether the issue of his mother or of some one else, as frequently asserted by the testator, was unknown to Mr. Prinsep; that Mrs. Troup and Madame Solaroli were also adopted by the Begum, who gave cacli of them valuable presents on their marriages, which took place on the same day; that the Begum, by her will, dated 1831, after bequeathing several legacies, gave the residue of her real and personal estate to the testator, and requested him to assume the name of Sombre, which he did; that having wound up and settled the affairs of the Begum in the early part of 1838, the dcccascu came to England; that before leaving the East Indies lie placed in the hands of trustees 13,000/. to pay the interest to Mrs. Troup for life, and apply tjj principal at her death for the benefit of her children, and also 10,000/. on ^ same conditions for the benefit of Madame Solaroli; that previously to leaving the East Indies he declared that it was his intention, in accordance with w lie knew to have been the desire of the Begum, to bequeath the bulk o property which he had acquired from her to the East India Company, loro]nC purpose of founding a college for the upper classes of natives, or lor s similar purpose, and that lie executed a will to that effect which could not now be found ; that although he had to some extent received an English education, so as to be in a measure acquainted with the manners and habits of Europeans, yet he was strongly imbued witli the feelings peculiar to the natives of oriental countries witli respect to the treatment, demeanour, and conduct of women, and retained such feelings, amounting occasionally to fits of uncontrollable passion and jealousy, to the time of his death, and that he was naturally of an irritable and suspicious temperament; that in 1838 he became acquainted with his present widow, a daughter of Viscount St. Vincent, and in the following year made proposals of marriage, which she accepted; and on one occasion the engagement was broken off, but on the 20th of September, 1810, they were married; that he was at the time as well as at all periods prior thereto, of sound mind; that by a settlement in contemplation of the marriage, he trans- ferred to trustees the sum of 133,333/. 6s. 8d. Three per Cent. Consols, to pay the dividends to himself for life, and after his dccease to Mrs. Dycc Sombre for bfe, and in failure of issue of the marriage to his heirs and assigns; that the indenture of settlement was prepared by Mr. Erere, the solicitor who acted the testator, for .Mrs. Dyce Sombre, and for her father; that the indenture was submitted to the testator for his approval, but it was never read over to or by him before its execution; that there was no provision that the benefit taken by her should be acceptcd in satisfaction of all dower and thirds to which she might become entitled out of his estates as his widow, and that he was not aware of such omission until it came to his knowledge in consequence of certain proceedings in Chancery; that upon being made acquainted therewith he became greatly displeased thereat, and frequently complained that he had not had proper legal advice from the solicitor on the subject; that after the marriage the parties travelled together on the continent, and on their return to ^ngland in December, 1310, took up their residence at the Clarendon Hotel, -“oud-street; that in January, 1842, Dr Chambers, who had attended the testator in respect of his bodily health, was consulted by Mrs. Dyce Sombre ^ to the state of his mind, and, at her suggestion, or with her assent, Ur. Sutherland was called in; that he was frequently visited by those two Physicians up to December, 1842; that in February, 1843, Sir James Clark ^as consulted by her, and lie was afterwards assisted by Dr Conollv and Dr. Monro; that about the 30th of March that year it was finally agreed that he . be placed under restraint, and a keeper was appointed to take charge f n .’ that a commission of lunacy having been procured on the 31st of July ollowing, he was found to have been of unsound mind lrom the 27th of Oc- tober, 1842; that the principal portion of the evidence submitted to the jury °n. the part of Mr. Dyce Sombre, referred to certain insane delusions enter- tained by him respecting the conduct and behaviour of his wife; that shortly pter he had been found of unsound mind, his bodily health began to fail, and j.s medical attendants advised change of residence; that he finally went to k erpool, and on the 21st of September escaped from the custody of his T>eePer and servants, and proceeded alone first to Southampton and then to aris, where lie claimed the protection of the police authorities, which was Pin,’n^®ed to be afforded him so long as he respected the laws of the country; snl “7 Dyce Sombre being informed that lie was at Paris, Mr. Erere, the 0 icitor, accompanied by a keeper, went there, and applied to the prctcct of i?f1C0,]^° cause him to be delivered into his custody; that such application was e used unless he should be able to produce an order to that ell’ect irom the mister of the Interior; that on application being made to him, he directed jn mquiry as to the state of mind in which the testator then was; that the estator voluntarily attended such inquiry, and submitted to an examination uch lasted upwards of three hours, m the course of which various questions C1e put to him, founded upon instructions furiushed to the prelect by Sir James Clark and Mr. Ercre; that throughout he evinced himself to be of sound mind, memory, and understanding, and the physicians present reported accord- ingly to the Minister of the Interior, who thereupon declined to interfere with him, or to authorize any restraint being laid on his person or movements ; that the funds which he had brought with him from England being soon exhausted, he was obliged to borrow money from persons to whom he was known; that Mr. Erere, previously to leaving Paris, authorized the landlord of the hotel to advance the testator such small sums of money as might be necessary to pro- cure food and clothing and defray any trifling expenses which might be requi- site; that in November that year, Mrs. Dyce Sombre authorized Mr. Okcy, counsel to the British Embassy at Paris, to examine and settle all the testator’s accounts, and provide liim with money for his private expenses at the rate of 10/. per week; that the testator, being at such time entitled to a clear income of upwards of 18,000/. per annum, remonstrated against the insufficiency of such allowance, whereupon Mrs. Dyce Sombre authorized Mr. Okcy to honour his draughts lor such money as lie might require; in consequence thereof, at tirst, the sum of 1G/. a week, then 20/. per week, and afterwards 28/. per week, was paid to the testator over and above his rent and tradesmen’s bills, and was continued until May, 1844, when he left Paris for a time; that in January, 1844, lie instructed his then solicitor, Mr. Leman, to present a petition to the Lord Chancellor, praying that all the proceedings against him under the com- mission of lunacy might be superseded, but the petition was dismissed, after hearing counsel, on the Stli of August that year; that in the following De- cember the Lord Chancellor confirmed a report made by Mr. Francis Barlow, one of the Commissioners in Lunacy, and ordered a sum not exceeding 5000/. per annum to be expended by the committee of the testator’s estate for his maintenance and support, and allowed Mrs. Dyce Sombre 4000/. per annum; that, in 1845, after visiting St. Petersburg, Brussels, &c., the testator re- turned to Paris, where he remained until June, 1840. The allegation then went on to plead in considerable detail various proceedings in Chancery relative to the superseding of the commission, and the allowance to be made to the testator, and averred that in November, 1848, the testator applied to Mr- Prinsep, through whom he had communicated with the Lord Chancellor to re- commend him a solicitor to draw up and prepare his will, and lie accordingly recommended him to apply to Messrs. Dcsborough, Young, and Dcsboroug’jj his own solicitors ; that Mr. L. Dcsborough called upon him at his request, and had a long interview with him, when the testator referred particularly to the proceedings in Chanceiy arising out of the commission of lunacy, and thei effect with regard to his power to make a will; that Mr. Dcsborough fully 1’1S* cussed with him the sort of evidence which would probably be required to sup- port any will made by him at that time; that the testator at great length s~ta e his wishes in regard to the disposition of his property, and particularly ntei tioned his desire to make some special provision for the retainers of the Begun > and his wish to found and endow a college for the upper classes of natives * India; that he explained that such his wish was in accordance with that ot t1 Begum, and in compliance with a pledge that lie had given; that the test at o afterwards committed his instructions to writing, and about the 7th February, 1849, forwarded the same to Mr. Prinsep,’with a note at the en addressed to Mr. Dcsborough; that on the occasion of Mr. Dcsborough s^c1’^ the testator, he talked and conversed in a rational and sensible manner; tn» ^ draught of the intended will was prepared under the advice of counsel, an r£j fair copy forwarded to the testator at Paris, which he returned with seV(^1^ marginal notes and observations in his own handwriting; that the having been settled in pursuance of the further instructions, was copied|al. } execution, and on thcllth of June, and for several days after, Mr.Desboioug i,J conferred with the testator on the subject of his will, and of the various trus s provisions therein contained; that the same were repeatedly read over to and also by the testator, and were also repeatedly considered by him in the presence of Mr. Desborough, jun., on all which occasions lie was of perfectly sound mind ; that on the 13th of June lie determined on making some addition to his will, in order to appoint a trustee to succeed him with respect to certain trust funds which the Begum had by deeds directed to be applied for religious and charitable purposes, and being unable to find the deeds, he, on the following day, from his own recollection, stated the substance and effect ot them to Mr. Des- borough, who wrote them down in the margin of the will; that the M ill, with the additions, having been despatched to London for the purpose ot being revised by counsel and recopied, was sent back to Paris; that Mr. Desborough saw the deceased upon it from day to day, and, under his verbal directions, filled in the names of several legatees where blanks had been left, and sub- stituted the senior Iloman Catholic priest for the time being at Sirdhana as a trustee in the place of the testator; that after the execution of the will in duplicate both copies were left in the possession of the testator; that before the execution of the will lie, at the suggestion of Mr. Desborough, sent for the subscribing witnesses, who were well known to him, and requested them to attend for the purpose of witnessing his will; that, upon one or more of the interviews which Mr. Desborough had with him, the testator spoke of his wife jn a manner clearly to show that lie was aware of having laboured under un- founded and delusive impressions in respect to her character and conduct, and that his mind was at such time quite free from such impressions, and that lie subsequently executed a codicil to his will; that, early in the month of December, 1S18, being then rcsidcut at Mivart’s Hotel, Brook-street, lie applied to Dr Paris, the president of the College of Physicians, and to several other physicians of eminence, among whom were some who had gien their attention more especially to cases of insanity, to meet in consultation at the hotel, in order that he might be informed ol their opinion as to the state of his mind; that he was repeatedly examined, and evinced himself throughout the examinations to be of perfectly sound mind, and fully competent, to manage himself and his affairs ; that in December, 1S4S, lie returned to Pans, where he thenceforth continued to reside, save for short intervals of a few months at a *lme, when lie travelled for amusement, until he revisited England in ISol, shortly before his death; that while residing at Paris he mixed m society, and ^;as received as a visitor at the houses of his numerous acquaintances in that c*ty, and was visited by them in return, and was always considered and treated b.Y them as a person ot’ sound mind ; that in January, 1850, he gave instructions to Mr. Shadwell, his solicitor, to prepare a further petition to the Lord Chan- cellor to direct a fresh inquiry into the state of his mind, to which his Lord- ship acccdcd; but lie died before the examination took place; that the several persons, all natives of Hindostan, to whom small annuities in Company’s rupees were bequeathed were servants or retainers and dependents of the Begum, or the testator, and M erc, during his life, in receipt of monthly pensions granted t’!cir! the testator and paid by his agent s in the East Indies ; that Anthony -fteghelion, a devisee and legatee named in the will, was an officer in the army * the Begum, and highly esteemed by her, and was, after 1S3S, when the estator left the East Indies, employed by him as his agent to manage his estates and property at Sirdhana and Delhi; that George and John Thomas, also 1 evisees and legatees, were descendants of one George Thomas, who was ormcrly the head or chief, and exercised rights of sovereignty over a small territory near to that of the Begum, which, on an invasion by a hostile army, he was forced to evacuate, and thereupon took refuge at Sirdhana, where lie continued to reside under the protection of the Begum, and lie and his taniijv
Mere maintained by her ; that the personal estate of the testator in England, ranee, and the East Indies, which was at his disposal at the time ol his decease, and which partly consisted of a balance at his hankers of 7000/. and upwards, amounted m value to 500,000/. and upwards, independently of claims upon the East India Company to a very large amount.
An allegation was then given in on behalf of the Hon. Mary Ann Dyce Sombre, in which it was pleaded that the parents of the deceased were Roman Catholics; that, after the completion of his education, the society in which he mixed was chiellv composed of the civil and military servants of the East India Company and other Europeans resident at Meerut and Delhi, with their wives and families, with whom, and especially with the ladies, he associated freely, according to English habits and manners, and that one of his most intimate friends was Dr Drever, then attached to the Begum’s household; that the deceased used the European dress, and habitually conformed from his youth to the manners and customs of English society, especially in his treatment of and demeanour to women; that he was naturally of a mild and quiet disposition, gentle and polished in his manners, conduct, demeanour, and conversation; that while in India he was remarkable for his absencc of jealousy, and of the peculiar ideas and feelings of the natives of Oriental countries as to women ; that he kept a mistress at Sirdhana, and afterwards at Calcutta, and often admitted Englishmen into her apartments while she was therein and was un- veiled ; that tliat was a pract ice wholly at variance with the feelings and habits of natives of Oriental countries with respect to women, and such as no person imbued with those feelings would have adopted ; that he manifested no jealousy of her, and never had any fits of uncontrollable passion or jealousy while of sound mind ; that Mrs. Troup was a natural and lawful child of the parents of the deceased, and was so treated by the Begum, and also by the testator while of sound mind, and until 1840 ; that he never before that time expressed any doubt as to the legitimacy of Baroness Solaroli, and spoke and wrote of both his sisters in terms of equal interest and affection ; that on his arrival in England, in 1SIJS, lie was introduced into the first circles of society, and therein associated freely with ladies and gentlemen, and thenceforth, until 1811,adhered completely to English habits and manners in all respects, and never, until that period, mani- fested any peculiar jealousy connected with women, save only with respect to his wife; that the marriage settlement was not prepared by Mr. Frere, nor did lie act as solicitor for Mrs. Dyce Sombre and her father; that he was recom- mended to the deceased by Viscount Combermere, who had known the de- ceased in India; that Mr. Frere only received full instructions from the deceased, and that the draught was submitted and explained to him by Mr. Frere; that lie was not possessed of or entitled to any real estate out of which Mrs. Dyce Sombre could claim dower; that Air. Irere fully explained to him the rights of his wife both as to real and personal estate in case of his dying without children intestate, leaving her surviving, and recommended him to make a will; that he did not, while of sound mind, express any dis- pleasure on account of t lie settlement, or declare that he had not had proper legal advice from Mr. Frere; that in the spring of 18-11 lie for the first time became restless, low spirited, fanciful, anu suspicious, and at times very much excited, and by his conduct, conversation, and demeanour, evinced, during the remainder of that year, that his mind was in a weak and disor- dered state; that during such period he frequently and without cause, for the first time, entertained and expressed suspicions of his wife’s chastity, both before and since her marriage, and often falsely alleged that she had been abetted in her unchastity by her father and mother; that she had been an opera dancer, and had concealed the fact; that for no cause he applied oppr°” brious epithets to her, spoke in a loud, violent manner, used threatening gcs” tures to her, and often suddenly, after so doing, fell on his knees before lie and asked forgiveness; that at the various periods of the medical examination referred to in the adverse allegation he laboured under au insane delusion i liis wife was habitually unchaste, and that she was frequently guilty of adultery with different gentlemen—among others with her own father; that in 1S42, with his concurrence, Dr Chambers was called in to attend him; and, without the knowledge or privity of Mrs. Dyce Sombre, Dr Sutherland also saw him; that in March that year, without any cause or reason, on meeting Mr. Alired Montgomery, with whom lie was very slightly acquainted, and who was driving with a lady in a cabriolet, he rushed forward, and in a violent and excited manner endeavoured to stop him; that fears were entertained during such period that he would become insane, but that lie slightly recovered during the summer; that in the autumn of 1842, while on a tour in Scotland, lie became very unwell, and repeated his suspicions of his wife’s criminality with waiters and other persons; that he frequently insisted, notwithstanding denial and explanation, that General Ventura had followed him and his wife to Stafford, and had committed adultery with her at her father’s house with his knowledge and sanction; that, while at Inverness, in October, he went into his wife’s room where her maid then was alone, to whom lie had always before behaved well, seized her, and said she must confess all she knew of her mistress’s secrcts, or he would murder her; to which she replied, she had nothing to confess; that lie thenceforth, and for 110 other reason, expressed great antipathy to her, and often called her by opprobrious names; that, while so travelling in Scotland, he on various occasions expressed his suspicions that poisons or noxious things had been put into his food, to injure him; that, while at Inverness, he wrote a letter conveying a challenge to General Ventura, on account of the supposed adulteries ot his wife with him; that in the following month he sent a challenge to Mr. Montgomery; that in February, 1813, the deceased, being much irritated on account of the East India Company having finally rejected certain claims which he had in right ot the Begum upon the Company, sent a memorial to the Queen resigning his claims in her Majesty’s favour, and wrote a letter to Sir J. L. Lushington, who had been chairman of the Company, enclosing a copy ot it, and desiring him to give him reparation V fighting a duel with him; that he also sent letters to Sir ltichard Jenkins, another of the directors, containing a challenge; that in November, 1S42, lus conduct towards Mrs. Dyce Sombre became so violent as to occasion the greatest apprehensions that he would do her some serious bodily injurv; that he would not sutler her to be out of his sight tor a minute, for tear, as lie said, °f her committing some act of adultery in his absence; that at other times he behaved with the greatest affection towards her, and expressed regret for his misconduct; that he talked of being visited by two spirits—one ot a bene- volent, the other of an opposite character; one desiring him to murder his wife, and the other forbidding it, and telling him lie would be happy with her at last; that he was very restless, and often laughed aloud for no reason; that in February, 1843, lie called on Dr Elliotson, to whom lie was not known, and desired that the Doctor would make him have more of the company of his (the deceased’s) wife, she being also unknown to Dr Elliotson; that he expressed himself irrationally and violently towards Dr Elliotson, and insisted on his fighting him; that Dr Elliotson, having made inquiry respecting him, caused a remonstrance to be made to Mr. Edward Kicketts against the deceased being allowed to go at large: that in March, 1843, it having been determined by medical men, in consequence of his deranged state, to placc him under re- straint, ii Mrs. Dyce Sombre would consent, she reluctantly gave it; that, .lie under confinement at llanover-lodge, lie continued to manifest the delu- sion that he was visited by spirits, who conversed with him, and declared that they first appeared to him when he was seven years old, under a pomegranate tree, in the form of the letter T. The allegation then pleaded in great detail a number of insane acts asserted to have been committed by the deceased, and repeated charges made by him ol his wife’s infidelity both beloic and after he went to Paris, and averred that in 1847 or 1848 lie manifested an insane delusion that the East India Company or some of the directors thereof had tampered with his wife, and had contrived or brought about her infidelity and her incestuous intercourse with her father; that in 1848, being at ltome, he had several audiences of the Pope, and entered into correspondence with
Cardinal Eranzoni and Dr Grant on the subject of obtaining a divorce from his wife by reason of her adultery; that, while in London, in 1848, he corresponded and conversed with Cardinal Wiseman on the same subject; that in November that year a meeting took place between the deceased and his wife, in the presence of Mr. Martin and Sir James Clark, at which he suggested that they should come to some understanding about a divorce, and that his conduct and demeanour manifested that he was still labouring under delusion with regard to her unchastity, and also as to the illegitimacy ot Madame Solaroli, having first entertained that idea in 184G; that, when at Naples, in 1848, he fancied that lie was very ill, that it was occasioned by drugs which had been given to him, and that Baron Solaroli had told him that it would be done at that particular (late; that on other occasions he complained of something injurious being put into his food; that at a medical examination, which took place in November, 1848, in London, lie evinced that lie was of unsound mind; that, having always previously been fastidiously neat and cleanly in his person, and decent in his conduct, in 184G and 1847 he conducted himself in an indecent and dis- gusting manner; that, when at Dover and Brighton, in those years, lie de- clared that he would do for his wife; that, while at Brussels, in 1845, he be- came acquainted with Dr Mahon, and agreed verbally to pay him 10,000/. in case the commission of lunacy should, through his instrumentality and exer- tions, be superseded, and he should be placed in the uncontrolled possession of his property by the 31st of December ensuing; that, although the commis- sion had not been superseded, so as to entitle him to the 10,000/., yet lie claimed a proportion in respect of his services, and in December, 1848, all his claims were referred to the arbitration of Mr. Prinsep and Mr. W. J Richard- son, who awarded certain sums, amounting together to 2140/., which were Caid; that, being urged by Dr Bright and Dr Southcy, on an examination efore them in July, 1847, to express to Mrs. Dyce Sombre, by letter, the regret which he must feel at having, by his unfounded accusations, so deeply wounded her feelings, he said he would not do so without consulting his lawyers, adding, that if he were to act on the impulse of his own heart, lie should never obtain his freedom from the Court of Chancery. After referring to some of the Chancery proceedings alluded to in the adverse allegation, the plea went on to allege that, early in 1840, the deceased caused 2000 copies of a book to be printed, which he had composed and arranged, called ” Mr. Dyce Sombre’s Refutation of the Charges of Lunacy brought against him,” and caused them to be circulated, and that, contrary to the advice of Mr. Prinsep and others, he sent conies of a petition alluding to various passages in the book to peers and members of the House of Commons, stating his readiness to undergo an examination before the British House of Parliament, and praying that such examination should be concluded before the then session was over; that about Easter, 1849, he was introduced to, and saw for the first time, Mr- Forbes Campbell, who had formerly been in the East Indies, when he main- tained and persisted, though assured to the contrary, that he had known that gentleman intimately in India; that in August, that year, he declared that a servant was in the room, although he was not; that through the year 1850, and until his death, he continued to labour under the insane delusions as to his wife and the Eiist India Company; that, when in Paris, at various periods from 1845 to 1850, he was accustomed to bring or admit into his rooms, at an hours, common prostitutes ; that, while in cabriolets, alone, in 1849 and 1851, at Paris, lie talked, swore, and laughed loudly, and often took up prostitutes iu the streets to ride with him, who were so alarmed by his conduct and de- meanour that they cried out to the driver to stop, and insisted 011 getting out of such carriage, exclaimed that the deceased was a madman; that in April, 1835, being of sound and disposing mind, he made a will whereby he left everything lie possessed to the Begum; that in 1836, after her death, he made another will, the contents of which were not known; that in 1S37 he again made a will and disposed of the bulk of his property in favour of Mrs. Troup and her children, and in default of issue in favour of Madame Solaroli and her children, giving about 50,000/. to a natural daughter, since deceased, but which will had not been found; that at the time of giving instructions for, and executing the papers now propounded, he was of unsound mind, which he habitually and constantly manifested; that Mr. Prinsep was, in 1845, a candi- date for a directorship* in the affairs of the East India Company, and was elected a director in 1850; that, while he was a candidate, he often stated and represented that the deceased would benefit India by his will; that in November, 1848, Mr. Prinsep applied to Mr. Lawford, the solicitor of the East India Company, to make a will for the deceased, which he declined to do; that the testator never, at any time before 1843, expressed any respect or gratitude to the East India Company or to the directors thereof, but com- plained bitterly of their conduct to him, and that he never before that year expressed any intention of leaving anv money to the Company or to the directors thereof; tliat lie had a very slight acquaintance with Sir R. Jenkins’s daughters, or either of them; that the jewels, trinkets, and ornaments of the person belonging to the deceased, given by the will to his executors, after the determination ol the interest therein of Mrs. Dycc Sombre, were of the value of 7000/. or thereabouts.
An allegation was also given in 011 behalf of Baroness Solaroli, which pleaded |hat she was the lawful sister of the deceased, and co-heiress at law with Mrs. Troup; that the deceased, while in a sane state of mind, knew that his parents were duly married; and that, save in the latter years of his life, when under insane delusion, lie, Mrs. Troup, and Baroness Solaroli, constantly owned and ac- knowledged one another as and for lawful brother and sisters; that the Begum, having adopted the deceased and his sisters from their earliest infancy, treated Mrs. Troup and Baroness Solaroli with maternal affection and as adopted daughters; that they both continued to live in her palace and under her imme- diate protection until their respective marriages; that their father fell under the displeasure of the Begum, and was dismissed from her servicc, but for some years atterwards occasionally saw his daughters at the Begum s palace, at ~ellii; that on their marriage the deceased assisted at the ceremony, and gave
Baroness Solaroli away; that he had kind and affectionate intercourse with them until 1846, and prior to 1838 declared that he intended to leave his pro- perty to them, and did so by a will executed that year; that their father died a widower and intestate in *1838, and his property was divided equally between the brother and the two sisters, with the full assent of the deceased; that after he had been found to be a lunatic in 1843, Mr. Francis Barlow, commissioner in lunacy, reported to the Lord Chancellor that Mrs. Troup and Baroness Sola- .1 were the co-heiresses at law, and only next of kin of the deceased, and, ‘with his wife, were the only persons entitled to his estate, under the statues ior the distribution of intestates’ estates; that in 1843, when at Paris, he ex- pressed great affection for Baroness Solaroli and her children, and was in the habit of buying toys and presents for the latter; that in 1846 he suddenly took up a fancy that Baroness Solaroli was not his sister; that,’under the influence such insane delusion, he attempted to explain the ground ot such notion; • that he asserted that Mr. Prinsep had assured him as of his (Mr. Prinsep s) own knowledge that she was illegitimate, but that Air. Prinsep never had any knowledge of the fact whether she was legitimate or not, save from the asser- tions of the deceased himself; that the deceased was under the insane delusion that Lord Metcalfe had made an allidavit on the subject, and had left it in the custody of Lord John Russell, and he accordingly several times applied to Lord John ltussell for it; that, at a medical examination which took place in 18-1S, he was examined as to the grounds of his belief that Baroness Solaroli was illegitimate, and his statements evinced that he was then labouring under insane delusions as to his birth; that, while in India, as well before as after the marriage of Baroness Solaroli, he was on terms of great intimacy and friend- ship with Baron Solaroli, presented him with gifts, and constituted him one of his attorneys for India; that, while at Rome, he solicited the Pope to confer an order ot honour on the Baron, to which His Holiness acceded; that in 1816, under the iniluence of an insane delusion, he maligned and abused the Baron, and printed libels concerning him; that in 1817 he informed the Baron by letter what he had done, and afterwards attacked or menaced him with a stick; that the printer of the libel was fined 200f.; that lie again printed the libel, with certain additions and alterations, in his ” Refutationthat the state- ments contained in it were utterly false and untrue; that Mr. Prinsep and Mr. Lesborough, jun., from time to time represented to the deceased that his notions regarding Baroness Solaroli and her husband were considered by physicians and by the Lord Chancellor as delusions, and results and symptoms of his insanity, and, after the date of the will and codicil, they besought him to suppress and conceal them, and warned him that it would be in vain to expect the commis- sion of lunacy would be superseded if he continued to evince them; but lie still maintained them, and was under their iniluence when the will and codicil were executed; that in 1819 and 1850 he continued to circulate the libels re- garding the Baron, and in letters to Lord Chancellor Truro exhibited the same delusions; that he was not naturally of an irritable or jealous disposition, but became so after his marriage, and was jealous wit h regard to women with whom he had cohabited in India, and as to whom, when he cohabited witli them, he had shown no jealousy; that after September, 1843, when he escaped to Franco, he often acted with the most outrageous and revolting indecency, and, among other instances of such conduct, would receive visitors and others in his apart- ment in a state of nudity, or having only a shirt on, and would exhibit himself out of his apartments in the same state, acting as if unconscious of any impro- priety ; that he habitually refused to pay for articles which he had purchased, for vehicles which he had hired, and for services ordered by him; in consequence of which, complaints were made to the police authorities, by whom he was treated as a person of disordered intellect.
A further allegation was then brought in on behalf of Mr. Prinsep in sup- port of the papers propounded, in which it was averred that the parents ot the testator followed in all respects the usual customs of natives of India, as wel in regard to their own conduct as to that of their family and establishment, that it was usual for married ladies of rank, natives of India, to keep slave gin® in their harems, and that the mother of the testator had several such slave tfirls; that, without any violation of the strictest notions of propriety, their husbands were accustomed to cohabit with them as concubines; that, according to the provisions of the Mahomcdan law, the children of such concubines were entitled to participate in the distribution of their natural father’s property, equally with the children of his lawful wife; that no distinction was made be- tween them; that they were brought up together, and acknowledged each otne as brothers and sisters; that Mrs. Troup and Madame Solaroli were taKe^ under the protection ol the Begum, and brought up in the usual manner i India; that in 1826, when the Assistant of the East India Company, re? at Delhi, visited them in order to ascertain their wishes in respect to then p ^ posed removal to Sirdhana, lie conversed with them from behind a.Cl|i al”.r0 screen; that the Begum selected and approved their husbands, and they > wholly unacquainted with them previously to their being married to them; that soon after their marriages it was announced by the Begum, or became well known to their husbands, that the testator would inherit the bulk of the pro- perty and fortune of the Begum; that frequent discussions arose thereon, and the husbands urged the claims of their respective wives to a portion of the property, and the testator voluntarily promised to make a settlement 011 them and their children, which he afterwards did; that the testator and the Begum, in his-presence, frequently declared that they did not consider that they had any rela- tions who, as such, were entitled to succced to, or had a right to complain of not sharing the Begum’s property; that the testator also declared that if they were content with this promised settlement all well and good, but, if not, they must try their best another way; that after the death of the Begum lie was in the habit of declaring that his sisters had 110 claim on the Begum’s property, or unon him as his supposed next of kin, for that his uropertv was given to him by the Begum, and not by his parents ; that he resided with the Begum from early childhood, and lived with her down to the period of her death, save oidy during tlie time when, as a boy, lie resided with the licv. Mr. Fisher, to whose habits and manners he then temporarily conformed ; that such residence pro- duced 110 permanent change in his habits and feelings, which were essentially those of a native of India, in the condition of life to which he belonged; that, on his attaining a suitable age, the Begum assigned to him, or he took from her harem, with her consent, two or more concubines, and had several children, who all died in their infancy; that they were maintained at the expense of, and jn the palacc of, the Begum, and were regarded with especial favour bj her; that she made them handsome presents, and manifested great gncf at their respective deaths; that Mrs. Troup and Madame Solaroli associated freely with tne testator’s coiicubiues, and took an affectionate interest in the children; that the destruction of human life by the mixture of fatal ingredients with lood Was a common occurrence among the natives of India; that the upper classes were habitually apprehensive of’such a death, and incase of temporary illness habitually attributed it to poison given to kill or injure them; that the testator ^as at an early acc led to believe that his lite was in danger, more especially oy the Begum, who frequently warned him to take precautions against divers persons, and advised him not to cat anything that might be given him by any Person, even by the husbands of his sisters; that the natives of India were habitually superstitious, and had faith in the intervention ot spirits and super- natural agency in human affairs; that the testator and the Begum, notw lth- standing their profession of Christianity, were, and continued at all times to be, impressed with such belief; that the testator’s father, on being dismissed from the service of the Begum in 1S2G, brought forward certain pecuniary claims, amounting to a considerable sum, against her, but which were not admitted during her life and remained unsettled at her death, when “my were preferred against the testator as the successor to her property and fortune; that previously to his leaving Calcutta, on his vovage to ngland, his father commcneed proceedings against him, but which were abandoned upon an engagement made with his sanction to pay a certain sum of money ; that that sum formed a considerable part of the personal estate to e father; that the testator received 110 distributive share of his fathers personal estate, but as the third part was collected and got in, it was set 011 against the sum of money due and owing from the testator ; that shortly after 11s marrijige the testator admitted that he was jealous of his wife, especially in August, 1842, in the presence of General Ventura, to whom lie declared that he bitterly regretted the usages of English society, which compelled him o allow his wife to go into company, where she was exposed to the attentions o other men; that at the same time he became suspicious and distrustful ol those men whom his wife met in society, and even of General Ventura, bv reason 0 liis having, when in conversation with the testator, expressed himself in strong terms of admiration of her; that such distrust and suspicion were admitted by his wife, after consulting her friends, to arise from his ignorance of the manners and habits of society in Europe; that previously to his marriage he challenged his wife’s father in consequence, as he averred at the time, of her having broken off her engagement to marry him ; that in 1843, shortly after Baron Solaroli and his wife arrived in England from India, but before the execution of the commission of lunacy, the baron sent a letter to the testator, wherein he offered his services to him on the occasion of such commission being issued, but which offer was rejected by the testator; that on the testator escaping to Paris, Baron Solaroli went to him from Boulogne, where he was resident, and was present at the examination before the prefect of police, previously to which he sent a letter to the French Minister of the Interior, wherein he solicited the protection of the French laws on behalf of the testator against the attempts of his wife and her agents to regain possession of his person, and stated, among other things, that the testator’s conduct protested loudly against the pretended madness which had been imputed to him, and which could have no object but to deprive him of his fortune; that when application was made to the Court of Chancery for the appointment of a committee of the person and estate of the testator, in 1843, Mr. Troup, being fully informed by Baron Solaroli of the then state of the testator’s mind, wrote several letters to the testator, offered his services in communicating his views to his lawyers, suggested that the testator had not been fairly dealt with, and referring to the verdict of the jury, expressed his sincere regret that he should be so fettered ; that when ad interim committees of^ the person and estate of the testator were appointed, Mrs. Dyce Sombre sent*a letter to Mr. Okey, then at Paris, and therewith transmitted copics of several affidavits in respect of his property, and stated that they were sent for the perusal of the testator; that if” any part, of a schedule she forwarded was wrong as to the Indian property, she requested Mr. Okey to get the testator to explain it, and let her know, that she might have it rectified; that Baron Solaroli, notwithstanding lie had exerted himself in 1843 on behalf of the testator, nevertheless co-operated with Mrs. Dyce Sombre and Mr. Troup in opposing him in all the proceedings subsequently taken to supersede the commission of lunacy, in consequence of which the testator conceived a great dislike and antipathy to him, which lie con- stantly expressed; that entries of the baptism of the testator and Mrs. Troup were duly made in the register book kept for the church of the Roman Catholic Mission of Sirdhana, but no entry could be found of the baptism of Madame Solaroli, and the deceased frequently alluded to that as a ground for believing that she was illegitimate; that before lie entered into the engagement with Dr Mahon, he voluntarily submitted himself to the examina- tion of several medical men, and evinced himself to be of perfect sound mind, memory, and understanding; that while at Brussels, in 1845, lie mixed in society, and was considered by friends, acquaintances, and medical men to be of sound mind, and competent to manage himself and his affairs; that Mr. Prinsep, who was at the time Secretary of the Government of India, and in at- tendance on the Governor-General of India, first became acquainted with the testator in 1831, when the Begum and her troops, then in comm and of the deceased, joined the camp of the Governor-General; that upon his arrival at Calcutta, in 1837, where Mr. Prinsep, who then held the office of Secretary to the Government of India in the General and Financial Department, was at that time residing, the testator renewed his acquaintance with him, and consultec him as to the investment of his property; that at. a late hour one night, when he could not procure the necessary bail for his release, he was arrested at tnc suit of his father, and the fact becoming known to Mr. Prinsep, he took mea- sures to enable him to procure his release, for which the deceased expresse his gratitude; that, with few exceptions, he had no further intercourse with him until 1844, when lie accidentally met him in London; that knowing the testator to be a proprietor of East Indian Stock, he solicited him for his vote and interest for the office of Director; that he informed Mr. Prinsep of the Chancery proceedings, and occasionally corresponded with him in respect of his affairs, but did not interfere therein, except to apply to the Lord Chancellor to allow him a better income, which was granted; that in the latter end of 1845, or the beginning of 1846, Mr. Mahon, who was then unacquainted with Mr. Prinsep, called upon him in London, and stated the terms of his engage- ment with the testator, and of which lie had been apprised by a letter from the testator himself; that Mr. Mahon informed Mr. Prinsep of the intention of the testator to renew his application to supersede the commission of lunacy, and showed him the opinions of medical men, and other statements and evidence on which his expectation of success was founded; that Mr. Prinsep being thereby led to think more favourably of the case of the testator than he had previously done, he visited him in IS44, both at Dover and Paris, and saw him on several occasions, on each of which his conduct and conversation were rational and sensible; that about January in that year, he expressed a desire to make his will, and made particular inquiries of Mr. Prinsep as to who would succeed to his property in case he left no will; that Mr. Prinsep, in reply thereto, in- formed him that his wife and sisters would divide it equally between them, but, as regarded his wife, provided her claims were not oajred by her marriage settlement, and as regarded his sisters, provided they were born of the same mother, and that his father’s marriage with his mother could be proved; that he requested Mr. Prinsep to make inquiries of Lord Metcalfe, who, as he stated, knew everything respecting their birth and parentage; that Mr. Prinsep had two interviews with his Lordship, who said lie believed that the testator and Mrs. Troup were children who were introduced to him at the Pegum s house, at Delhi, but he could give no information about any younger child; that Mr. Prinsep informed the testator of the purport and effect of the state- ment of Lord Metcalfe, who in reply expressed his surprise at the reserve of his Lordship, for that he must have known the circumstances relating to the birth of Madame Solaroli, and that she was the daughter of his father by a slave girl; that inconsequence of the death of Lord Metcalfe, Mr. Prinsep was unable to consult liiin again; that after the first mention to Mr. Prinsep of his wish and intention to make a will, he repeated it on several subsequent occa- sions, both verbally and by letter, and requested Mr. Prinsep to ask the solicitor to the East India Company to go to him at Paris for that purpose; that Mr. Prinsep accordingly applied to Mr. Lawford, who declined to make such will, or to advise the Testator in reference thereto, by reason of the testator having some unsettled claims upon the East India Company which it might be his duty, upon the part of the Company, to resist; that the testator, when in London, in November, 1848, again adverting to the subject, asked Mr. Prinsep to procure from his own solicitors a form of a will which he might fill up, but, on applying to Messrs. Desborough and Co., he was informed that no such °rm could be recommended, and upon further communication with him, he re- quested Mr. Prinsep to desire one of the firm to call upon and converse with hun on the subject; that the testator never spoke to or consulted Air. Prinsep as to the contents of his intended will, and he was ignorant of the purport of it until after his death, save that lie informed him after its execution that he yas appointed one of the cxccutors; that in or previous to 1848, Mr. Mahon, in consideration of services which lie had rendered to the testator, in procuring film the enjoyment of his entire surplus income, claimed to be reimbursed his expenses, and to be compensated for his losses and trouble; that the testator proposed to refer the claim to arbitration, and with a full knowledge of the opinion of Mr. Prinsep in respect of the justice of the claim, and a concurence in that opinion, urged Mr. Prinsep to accept the office of arbitrator, which he ultimately consented to do, and Mr. Richardson was appointed by Mr. Mahon to act on his behalf; that throughout the proceedings and in- quiry before the arbitrators, the deceased cvmccd himself to be of sound mind; that in the spring of 1S51, Dr Winslow, who was then staying at an hotel at Paris, was visited by the testator, and requested to examine him in case there should be any dispute about his will; that Dr Winslow had long and repeated interviews with him 011 several successive days, during about three weeks; that the testator discussed with him the various pro- ceedings to supersede the commission of lunacy and the result, and pro- duced to him various affidavits and other documents connected there- with, and freely and unreservedly conversed with him thereon, and especially in respect to his wife, and Madame Solaroli and her husband, and as to his alleged delusions in regard to them; that the testator throughout such interviews evinced himself to be of perfect sound mind; that the testator, when at Paris and elsewhere on the continent of Europe, was watched by per- sons employed for that purpose, by or on behalf of his wife, which were used in opposing the petitions presented by him to the Court of Chancery, and that the testator was well aware of it; that Mr. Charles Shadwcll, his solicitor, in reference to several affidavits filed in opposition to the last petition, which came on for hearing in May, 1851, informed liim that they had ueen treated by the Court with the contempt they deserved, and that the petition had been op- posed in every possibfe way; that on his arrival in London in 1851, he com- plained of such, the conduct and proceedings of his opponents, and especially of his wife; and at an interview which lie had with Mr. Prinsep, produced and commented in severe terms upon the contents of a note which he had just re- ceived from her, in which she solicited an interview with him; that he had associated with common prostitutes in India, and that occasionally, while resi- dent in the Upper Provinces, he had appeared in his dwelling-house and in places of public resort in a state of nudity, or without any article of clothing except a “lungotee” fastened round his loins and hips; that from an early period of life he was in the habit of making use of oaths and profane and angrv expressions without cause or provocation ; that though lavish in his ex- penditure, or in his presents to the women with whom he cohabited, and also upon his amusements, yet he was at all times careful in the investigation of pecuniary demands upon him; and that in regard to his habits and conduct there was no changc at any time prior to his dcccase.
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