Court Of Common Pleas, Gu...
(Bcfore Lord Cl ief J1stice BEST: and a Common Jrv. ) lOms was an action of trover, to recover possession of two bonds or polices on the Richmond bridge. The nlaintiffis were the execu- trixes of of a gentleman named Haworth, -deceased, who had made a large fortune as an apothecary in Chancery-lane; and they clain ceq those bonds as having been bequeathed to them by Haworth the tes- tator. The defendant was the intimate friend of the testator, and succeeded him in his bu8iness in Chancery-lane. He resisted the plaintiffs' laim on the ground that the bonds had been given to him as a gift by the testator, a shert time before his death. The defendant called a witness, who was present when the bonds were given, as it was understood, as a gift to Jones. The plaintiffs, in reply, produced the will of the deceased, by a co- dicil to which thoso bonds were bequeathed to the plaintiffs, a short time before the period at which the defen(lant said he bad receivcd them as a gift. In this will a specific legacy was bequieathed to defendant: but no mention was made of these bonds. It was also proved, that when the defendant was first apDlied to for the bonds by plaintiffs he said he would deliver them up,- on the settlement of an account dutie to him by the testator, and it was not uRtil after that account was disputed that he claimed them as having been the tes- tator's gift. The Jurv, after hearing the caste summed up, returned a verdict for tie plaintifts_-Damages Is.; by which their right to the bonds and the interest received on them is established, In the course of the trial a question of law arose, as to the legality Df a transfer of such shares made in the manner stated; but it was reserved for discussior at a future day. -. - COURT OF CO;SIAION PY,EA- (TTTrT.nzA,f.y. T)rr 17. HAWORTH AN' ANOTHER V. JONES.