Lamkin against Babb
| Jurisdiction | England & Wales |
| Judgment Date | 21 January 1752 |
| Date | 21 January 1752 |
| Court | Arches Court |
English Reports Citation: 161 E.R. 1
IN THE ARCHES AND PREROGATIVE COURTS OF CANTERBURY, AND IN THE HIGH COURT OF DELEGATES
REPORTS of CASES ARGUED and DETERMINED in the ARCHES and PREROGATIVE COURTS of CANTERBURY, and in the HIGH COURT of DELEGATES: containing the JUDGMENTS of the Right Hon. SIR GEORGE LEE. By JOSEPH PHILLIMORE, LL.D., Advocate in Doctors' Commons, Chancellor of the Diocese of Oxford, and Regius Professor of Civil Law in the University of Oxford. Yol. I. Containing Cases from Hilary Term, 1752, to Trinity Term, 1754, inclusive. London, 1833. [1] cases in the ecclesiastical courts, 1752 lamkin agamst babb Prerogative Court, Hilary Term, January 21st, 1752 - Probate granted of an unexecuted will, the intention of the deceased being clear, and the due execution of the instrument having being prevented by sudden incapacity superinduced by the violent conduct of his wife, who was interested in thwarting that intention -Probate of a will of later date (i e. the next day) refused, because it had been extorted from the deceased by the importunity of his wife. Dr. Hay's opening for Babb. Thomas Lamkin died 1st June, 1751; made will dated 28th May, 1751; left his estate equally between his wife and two children; made William Briatow and John Babb executors; Bristow renounced; Babb a nude executor ; Cutlove, a schoolmaster, sent for on 28th May to make his will; wife said no will should be made till a friend of hers was present; Bristow sent for by her; none present at making it but Cutlove and his son and Bristow; deceased directed his estate to be equally divided between his wife and two daughters, proof of instructions, directed Bristow to be executor; named him himself, Bristow would not fake it alone ; Babb was then proposed and agreed to, when the will was finished ; the family sent for to see him execute it. Wife said it would not do without setting his name, and opposed its being executed. Cutlove said he had set his mark, and that was sufficient^ and so it was no further executed. 29th May wife sent for Allen, and proposed to him to make deceased's will. Allen asked him if he should make his will, [2] deceased said " Yes;" affection to daughters; deceased under custody of his wife, when second will made. Clergyman who was with him immediately after says he was not sensible. Dr. Jenner's opening for Lamkin. Deceased made a will before his last marriage, in which he leaves a great deal to his now widow, Mary Lamkin, the party ; no proof deceased had animus testandi on 28th May ; he was under the direction of his daughters on that day. Bristow and Cutlove differ: Bristow says deceased told Cutlove he */ / sent for him to make his will. Cutlove contrary; deceased gave no other instructions but only said "All alike " Cutlove junior wrote the will, except the exoidium, which E. & A. I.-1 '2 LAMKIN V. BABB 1 LEE, 3. was written before Cutlove...
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