January 2 1880 WILLS and BEQUESTS the Will, Dated March 2
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January 2nd 1880 WILLS AND BEQUESTS The will, dated March 2, 1861, with two codicils thereto, dated June 14, 1862, and August 5, 1864, of Mr. Arthur Augustus Basch, late of Lloyd’s, underwriter, of Ewell, in the county of Surrey, and of Brighton, and who died on November 17 last, was proved on the 16th ult. by Mrs. Emma Basch, the widow, and surviving executrix, the personal estate being sworn under £100,000. The testator bequeaths to his widow all his furniture, plate, linen, china, and other effects in his dwelling-house, and an immediate legacy of £500; and he devises and appoints the residue of his real and personal estate to his trustees upon trust for sale, and as to two-thirds of the same in trust for all his children by his first wife, Mary Letitia, and as to the remaining one-third, upon trust to raise thereout £10,000, and pay the same to his widow, and as to the remainder of the one-third part, upon trust to permit her to receive the income thereof for life, and after her death for his children equally. January 14th 1880 On the 9th inst., at the residence of his son, G.R. Keeling, Epsom, ENOCH KEELING, formerly of Etruris, Staffordshire, aged 89 years. January 26th 1880 THE VOLUNTEERS It is now certain that there will be a review of the metropolitan Volunteer force and such other regiments as may be desirous of joining it next Easter Monday. The metropolitan commanding officers, it will be remembered, at their meeting on the 16th inst., appointed a committee for the purpose of ascertaining and reporting to a future meeting if a suitable site and the necessary railway facilities could be obtained. The negotiations have not progressed sufficiently to enable the committee to present their report, but from what has transpired, it is evident that the difficulties which have for a succession of years stood in the way of the organization of a field-day on a scale which would, at any rate, be an adequate representation of the metropolitan force have now, to a great extent, been removed. Major-General Higginson, C.B., Commanding the Home District, gave his permission and promised all the aid he could, as also to have a site which has on many occasions been utilized for brigade field-days – viz., Epsom-downs – inspected. The committee, through their hon. Secretary (Lieut. Col. Vickers, 2d London) placed themselves in communication with the Mayors of Brighton, Portsmouth, Dunstable, and other places, with the result that they have readily acquiesced in the idea, and promised all the assistance they can render. The Sussex-downs offer the best site for a sham fight, with the additional advantage of abundant accommodation for the troops at Brighton, and the decision as to whether the field-day will be held there again is anticipated with much interest. If the Brighton Company should consent to convey the Volunteers there is little doubt some 25,000 or 30,000 men would be present; and any damage done to the land would as in former years be repaid by the fund which it is usual to raise to compensate the farmers. Should it, however, be impossible to make adequate arrangements, the commanding officers will probably avail themselves of the offer of the Mayor and inhabitants of Dunstable, who have again offered the large area of land in the neighbourhood, to which the Great Northern Railway Company is willing to convey the troops upon the former rates and general conditions. Another site is open in the neighbourhood of Royston, where, it is stated, if necessary, the landowners, who placed their land at the disposal of the Volunteers two years ago would doubtless do so again this year under the same favourable conditions. January 30th 1880 WILLS AND BEQUESTS The will and codicil (both dated November 14 1879) of Mr. William Chamberlain Hood, M.D., formerly of South Lambeth, Surrey, afterwards of Dublin, but late of the Berners Hotel, Berners-street, Oxford-street, who died on the 16th ult., was proved on the 7th inst. by Samuel Leith Tomkins and Foster Wilfred Procter, the grandson, the executors, the personal estate being sworn under £45,000. The testator bequeaths £1,000 each to the Middlesex Hospital and the Medical Benevolent College at Epsom, in memory of his late wife; in each case the bequest is to be denominated “Ann Hood’s Legacy;” to his executor, Mr. Tomkins… February 10th 1880 BIRTHS On the 7th inst., at The Elms, Banstead-road, Ewell, Surrey, Mrs. CHARLES L SHAW – a girl. February 17th 1880 BIRTHS On the 14th Feb., at Ewell, Surrey, the wife of THOMAS MERCER, of a son. February 18th 1880 DEATHS On the 14th inst., at Randulph-terrace, Springfield-hill, Chelmsford, in her 58th year, ESTHER BAILEY, formerly of Ewell, Surrey. March 2nd 1880 DEATHS On the 29th Feb., at New Orleans, WILLIAM GEORGE ENTINCK, third son of the late HENRY DORLING, of Epsom aged 34 years. March 19th 1880 DEATHS On Saturday, the 13th March, 1880, at Epsom, miss EISDELL, aged 92 years. April 14th 1880 QUEEN’S BENCH DIVISION (Sittings at Nisi Prius, at Westminster, before the LORD CHIEF JUSTICE and a Special Jury) HOWELL V. WEST AND ANOTHER This is an action brought to recover damages for an alleged breach of contract or duty in relation to a son, now deceased, of the plaintiff. The Solicitor-General, Mr. Bray, and Mr. Gore appeared for the plaintiff; Sir Henry James, Q.C., and Mr. Forbes were for the defendant Dr. West; Mr. Willis, Q.C., and Mr. Tindal Atkinson were for the other defendant, Mr. Jones. The further hearing of this part-heard case was resumed this morning. It is an action brought by the plaintiff, who is a medical man, residing at and practising in the neighbourhood of Wandsworth, against the head master of the Royal Medical Benevolent College, at Epsom, and Mr. Arthur O’Brien Jones, who is the medical officer of that school and the medical attendant of Dr. West, who has some 25 boarders in his house. The complaint of Mr. Howell against Dr. West is that the latter broke an agreement which he made undertaking that if the plaintiff should in 1877 send his son, Kyrle Howell, to be a boarder in his house, he would, in the case of his falling ill, nurse him in his own house and not send him to the school infirmary. Mr. Howell’s complaint against Mr. Jones is that the latter, having been requested by Dr. West, therein acting as the agent of the plaintiff, to attend upon the boy in an attack of scarlet fever which he had in 1879, had failed to use reasonable skill and care in his treatment of the case. The boy went to the school at Easter, 1877, and in February, 1879, having a sharp attack of scarlet fever, he was removed on the 6th of that month to the infectious ward of the school infirmary. Subsequently pyæmia set in, and he died on the 14th. Dr. West denies that the agreement relied upon by Mr. Howell was one which was to be binding on him in the case of the boy’s having an infectious fever, and the other defendant, Mr. Jones, traverses the plaintiff’s allegation as to his having failed to use proper care and skill in the case. [There was detailed coverage of this trial on the following three days until the verdict as below:] April 17th 1880 …give a verdict of £5 5s. for his client. In conclusion, his Lordship left, as regarded the defendant, Dr. West, three questions:- (1) Was there an express contract entered into by Dr. West, that even in the case of infectious disorder the plaintiff’s son should remain in defendant’s house? (2) Was there the absence of the exercise of a reasonable and proper discretion and of due and proper care in removing the boy at all? (3) Was there absence of due and proper care in the manner of his removal? (4) Or in the place to which he was removed? (5) Had the removal any injurious effect in hastening or aggravating the disease? As to the defendant Mr. A. O’Brien Jones, his Lordship left the following questions:- (1) Was there want of due skill and care in recommending the removal of the boy? (2) Or in carrying out the removal, including herein the state of the ward in which he was placed? (3) Or in treating the patient? (4) Had the removal any injurious effect in hastening or aggravating the disease? The jury retired to consider their verdict at a quarter-past 12, and, returning into court after an absence of half an hour, returned a verdict in favour of both the defendants, answering every one of the questions in their favour. His LORDSHIP then gave judgment accordingly. May 19th 1880 On the 15th inst., at Hessle House, Ewell, the wife of HENRY BROOKS, of a son. June 9th 1880 SURREY SESSIONS (Before Mr. HARDMAN, Chairman of the First Court) John Summers, 50, was indicted for stealing a gold watch value £50 from the person of Lieutenant W.F.A. Wallace, 53d Regiment, at Epsom, on the Derby day. The prosecutor was standing near the Grand Stand, when he felt a pull at his watch. He attempted to seize the prisoner, and called out “Pickpocket.” The case of his watch fell to the ground, and the watch was found in the hand of another man.