The Case that Established the Concept of Partial Insanity in English Law, A Copy Probably Annotated by the Editor Nicholl, Sir John [1759-1838]. Haggard, John [1794-1856], Editor. A Report of the Judgment of Dew v. Clark and Clark, Delivered by the Honourable Sir John Nicholl, In the Prerogative Court of Canterbury. Eastern Term, 1826. Edited, By Permission, From the Judge's Notes. London: Printed by A. Strahan, 1826. [ii], 99 pp. Octavo (9" x 5-1/2"). Paper-cover boards with recent calf rebacking, gilt title to spine, hinges mended. Light rubbing to board, heavier rubbing to board edges with wear to corners. Moderate toning to text, extensive annotations to preliminaries and rear endleaves and several corrections and brief annotations to text, most likely by Haggard. $950. * Only edition. Dew v. Clark and Clark established the concept of insane delusion, a testator's false conception of reality that may invalidate a will altogether, or one or more of its provisions. In this case a father believed falsely that his daughter was "the devil incarnate" and disinherited her. The court found that his thoughts about her, "did and could only proceed from, and be founded in, insanity," a "partial insanity" that only extended to his thoughts about his daughter, which caused the will to fail. The annotations in our copy, the latest dated March 5, 1830, indicate that Haggard (or another editor) was planning a revised edition of this work. OCLC locates 7 copies in North American law libraries (Boston University, Harvard, Library of Congress, Social Law Library, University of Minnesota, University of Pennsylvania, York University). Catalogue of the Library of the Harvard Law School (1909) II:1061.
Book number 70990