This decree was personally served on the several parties and returned into Court.

1843.

January 25th.

On this day, on default of appearance by any of In the goods of

the parties cited,

Addams moved, that letters of administration with the will of Susannah Biou, deceased, should be granted to the said C. Dodd and C. J. Kempson limited according to the tenor of the said decree.

SIR HERBERT JENNER FUST.

I think it is both desirable and proper that a grant should be made in the way proposed, otherwise the two annuitants will be unable to obtain the annual payments to which they are respectively entitled.

The Registrar.-According to the ordinary practice there should be a general grant.

Per Curiam.-It is not advisable to encumber these two hospitals with a general grant.

Βιου, deceased.

In the goods of SARAH DENSTON, deceased,

Motion.

SARAH DENSTON, widow, died on the 18th of

July, 1840, having, on the 6th of the June previous made a will, and appointed two executors thereof.

Shortly after the death of the testatrix this will

1843.

was found in a chest of drawers in her house, by February 3rd. Mary Harrison, her sister, who delivered it to her In the goods of husband, John Harrison; it remained in his custody until the latter end of 1841, when he delivered it to Mr. Gronow, one of the executors.

DENSTON,

deceased.

1843.

Dec. 13th.

Mr. Gronow, by affidavit, stated, that he had deposited the will in some place for safe custody, but has been unable, although he had made all diligent search, to find the same.

During the time this will was in the possession of John Harrison, his son, M. G. Harrison, made a copy thereof, and carefully examined the same with the original.

Shortly after the testatrix had executed her will, it was borrowed of her by a Mr. Cunnington, a trustee named in her husband's will, and he made a copy thereof in a book belonging to him.

The copy made by M. G. Harrison, and the copy made by Mr. Cunnington were compared, and found to correspond.

Upon affidavits of the above facts,

Deane moved the Court to decree probate of the copy of the said will, as made by M. G. Harrison, to be granted to the two executors named therein, limited until the original will, or a more authentic copy thereof, should be brought into the Registry.

The Court rejected the motion.

The motion was now renewed, on the following additional evidence. Mr. Gronow further deposed, that in May, 1840, he received instructions from the testatrix to prepare her will, and, accordingly,

caused a draft copy to be made, which was perused and settled by him; a fair copy of this draft was made and was duly executed.

The following facts were stated, in order to account for the will not having been proved by the executors immediately upon the death of the

testatrix.

William Denston, the husband of the testatrix, by his will gave and bequeathed a moiety of the clear residue of the monies to arise by a sale of his real estate to trustees, upon trust, to apply the interest thereof for the benefit of his child or children during minority, and to pay the principal to him, her, or them on attaining the respective age of twenty-one years, and, in the event of the death of every such child under that age, without leaving issue, then to pay the said moiety unto his wife, or to her executors or administrators absolutely. William Denston died on the 15th of February, 1840, leaving his wife and a daughter surviving.

Sarah Denston, the testatrix, died, as before mentioned, leaving her daughter surviving; the latter died on the 15th of May, 1842, a minor, and without having been married.

The moiety bequeathed by the will of William Denston, having, by the death of his daughter, devolved to the estate of Sarah Denston, it became requisite to prove her will, which otherwise would not have been necessary, she not having died possessed of any other property.

Mr. Gronow further deposed, that since the date of the former motion, he had made all further diligent search for the original will, but had been unable to find the same.

1843.

Dec. 13th.

In the goods of DENSTON, deceased.

1843.

Dec. 13th.

Due execution of the will, and capacity of the deceased to make a will were fully established by

In the goods of affidavit.

DENSTON, deceased.

Deane in support of the renewed motion.

SIR HERBERT JENNER FUST.

The difficulty which the Court feels, regarding this motion, is, that there is no party before the Court who has an interest in contesting the admission of the present authentic copy to probate.

There has been no decree citing the parties interested, in case of an intestacy. What do the next of kin say to the grant of probate? The affidavits are now very satisfactory, but the Court cannot decree probate behind the backs of the next of kin.

The next of kin may give in proxies of consent if they choose; but at present I must again reject this motion.

1843.

February 13th.

A married woman had

power to dispose of certain stock and fur

In the goods of SARAH BOSWELL, deceased.

Motion.

SARAH BOSWELL, widow, died on the 9th of January, 1843, leaving a sister her only next of kin.

niture, by a will to be executed in the presence of two witnesses; and also to dispose of other effects by will generally. By a will, duly executed, she disposed of the stock and furniture; by an unsigned memorandum, at the foot of the will, in her own handwriting, (previous to the 1st of January, 1838,) she disposed of the other effects. Letters of administration with the will and memorandum granted.

1843.

BOSWELL,

deceased.

By a settlement, made previous to and in contemplation of the marriage of the deceased, a sum of February 13th. Long Annuities, standing in the name of the In the goods of deceased, and certain furniture, plate, and other effects; as also jewels, trinkets, and wearing apparel, were assigned to trustees, upon trust, as to the Long Annuities, furniture and effects, after the death of the survivor of the deceased and her intended husband, as the deceased by will, to be executed by her in the presence of two witnesses, should, notwithstanding coverture, appoint; and upon further trust, as to the jewels, trinkets, and wearing apparel, of which the deceased was then possessed, or might become possessed during coverture, to stand possessed thereof for the sole use of the deceased during coverture, and to permit her to sell the same, or to dispose thereof by will or otherwise, notwithstanding the coverture.

The husband died on the 16th of August, 1837. The deceased, on the 29th of August, 1836, by will duly executed, disposed of the Long Annuities and furniture. At the foot of the will, without date, or signature, was a memorandum in the handwriting of the deceased, bequeathing a watch, some articles of plate, and wearing apparel.

By a codicil, dated the 20th of February, 1837, signed by the deceased, but attested by one witness only, the Long Annuities bequeathed by the will, were otherwise disposed of.

White moved for special letters of administration with the will annexed, and with the memorandum or addition at the foot thereof, upon a proxy of con