Page:Researches into the Early History of Mankind and the Development of Civilization.djvu/39

putting his mark to it. Probate of this will was refused by Sir J. P. Wilde, Judge of the Court of Probate, on the ground that there was no sufficient evidence of the testator's understanding and assenting to its provisions. At a later date, Dr. Spinks renewed the motion upon the following joint affidavit of the widow and the attesting witnesses:—"The signs by which deceased informed us that the will was the instrument which was to deal with his property upon his death, and that his wife was to have all his property after his death in case she survived him, were in substance, so far as we are able to describe the same in writing, as follows, viz.:—The said John Geale first pointed to the said will itself, then he pointed to himself, and then he laid the side of his head upon the palm of his right hand with his eyes closed, and then lowered his right hand towards the ground, the palm of the same hand being upwards. These latter signs were the usual signs by which he referred to his own death or the decease of some one else. He then touched his trousers pocket (which was the usual sign by which he referred to his money), then he looked all round and simultaneously raised his arms with a sweeping motion all round (which were the usual signs by which he referred to all his property or all things). He then pointed to his wife, and afterwards touched the ring-finger of his left hand, and then placed his right hand across his left arm at the elbow, which latter signs were the usual signs by which he referred to his wife. The signs by which the said testator informed us that his property was to go to his wife's daughter, in case his wife died in his lifetime, were . . . as follows:—He first referred to his property as before, he then touched himself, and pointed to the ring-finger of his left hand, and crossed his arm as before (which indicated his wife); he then laid the side of his head on the palm of his right hand (with his eyes closed), which indicated his wife's death; he then again, after pointing to his wife's daughter, who was present when the said will was executed, pointed to the ring-finger of his left hand, and then placed his right hand across his left arm at the elbow as before. He then put his forefinger to his mouth, and immediately touched his breast, and moved his arms in such a manner as to indicate