746 1843. sent from the sole next of kin. He admitted, tha February 13th. he could not ask for probate of the codicil. In the goods of BOSWELL, deceased. SIR HERBERT JENNER FUST. The Long Annuities and furniture are properly and duly bequeathed. The deceased had a power to dispose by will generally, of certain jewels, trinkets, and wearing apparel; and, inasmuch as the additional memorandum to the will was made before 1838, I think it sufficiently complies with the general power; therefore, so far as the will, with the addition is concerned, I am of opinion, that there is a good execution of the powers. The codicil cannot have operation, for the power to dispose of the Long Annuities was to be executed in the presence of two witnesses, and the codicil is executed in the presence of one witness only. Administration of this will, with the addition, may be granted as prayed, it being understood that the next of kin has actually executed a proxy of consent. 1843. March 14th. A will (dated 1841) revoking all former wills, referred to a clause in a for mer will. In the goods of CATHERINE SINCLAIR, deceased. Motion. CATHERINE SINCLAIR died on the 18th of No vember, 1842; by her will, dated the 7th of June, Probate prayed of so much of the former will as was necessary to explain the latter will. Motion refused. 1841, she thus bequeathed: "Whereas my son and daughter have both died since the date of my last will and testament, now I do hereby give the share of my estate and effects, which would have gone to them if they had survived me, to the respective children of my son and daughter." It appeared by an affidavit, that the deceased, on executing the will of the 7th of June, (delivered to a person, named as executor therein, a paper, which she said contained her former will, and directed him to destroy it. The will of the 7th of June revoked all former wills. The executor had not destroyed the former will, as pursuant to the directions of the deceased. Jenner moved for probate of the will of the 7th of June, with such part of the former will as was necessary to shew the amount of the shares of the deceased's property which the son and daughter were to have taken under that will. He submitted, that as the grand-children were to take their respective parents' shares, it was necessary to include in the probate so much of the former will as shewed the amount of those shares; that the executor could not safely act without probate passing in such form. SIR HERBERT JENNER FUST. I do not see how the Court can decree probate of any part of the former will in conjunction with the present will, containing, as the latter does, an express clause of revocation of all former wills. I can only decree probate of the latter will as it stands. If the executor cannot safely act in the matter, he must apply to the Court of Chancery. 1843. March 14th. In the goods of SINCLAIR, deceased. 1843. May 19th. Will signed at the end of the first side of a sheet of paper, and attested on the second side, admitted to probate, on evidence of acknowledg ment of the In the goods of GILES DAVIS, deceased. Motion. GILES DAVIS died on the 9th of April, 1843, possessed of personal estate of the value of about 4007. By his will, dated the 1st of April, 1840, he gave to his wife all his freehold property, for her life, and also all his household furniture, plate, books, signature of the stock in trade, and book debts, out of which she was to pay his debts, and whatsoever remained to be at her own disposal, to do with as she should think proper. testator. The will then disposed of the reversion of the freehold property. of This will was written on the first side of a sheet paper, and was signed by the testator at the end. On the second side of the same sheet was written, "I also appoint my wife, Jane Davis, executrix with my son, John Davis, and my son, Giles Davis." This was subscribed by three witnesses, but was not signed by the testator. By the joint affidavit of the attesting witnesses, it appeared, that on the 24th of March, 1843, the deceased being ill in bed, requested the first witness to bring him his will, and to read the same to him, having done which, the witness suggested the propriety of the will being attested; that the deceased concurred, and requested him to be one of the witnesses, and to send for the two other deponents for the same purpose. That previous to the arrival of the two last witnesses, the first witness, in the presence of the deceased, subscribed his name to the will. That the two other witnesses having shortly afterwards entered the room, the deceased, addressing them, and looking at his will, which lay on a table by his bedside, with the first page thereof and his signature exposed to view, said, "I want you to sign my will," whereupon the first witness said, "as witnesses." That the two deponents then subscribed their names to the will in the presence of the testator, and of each other. The signature to the will was proved to be in the handwriting of the testator. Elphinstone moved for probate, omitting the clause on the second side of the paper, to be granted to the widow, as residuary legatee, and executrix according to the tenor. SIR HERBERT JENNER FUST. This joint affidavit is sufficient to entitle this paper to probate; there is no doubt as to the signature, "Giles Davis" being in the handwriting of the deceased, and that being so, the decisions of the Court have established the sufficiency of the acknowledgment of the signature. The clause appointing executors must be omitted in the probate, and there must be the consent of the parties interested. The form must be this:- Administration with the will annexed must be decreed to the widow, as relict, not as residuary legatee, I do not think she is residuary legatee, nor executrix according to the tenor. At the conclusion of this case, the learned Judge said: : 1843. May 19th. DAVIS, deceased. 1843. May 19th. I wish it to be understood as the general rule of this Court, that in every case where the consent In the goods of of parties is required, proxies of consent must be actually in the registry before the Court is moved to make any decree in such case. DAVIS, deceased, 1843. June 8th. A will, written on the lower cond side of a In the goods of JOHN BULLOCK, deceased. Motion. JOHN BULLOCK died a widower, possessed of perhalf of the se sonal estate of about 600l., leaving four children, sheet of paper, namely, John Bullock, Emily Symes, wife of James was presented Symes, Richard Bullock, and James Bullock, him surviving. The deceased left a will, which was made and executed in manner following: it was written on the lower half of the second side of a sheet of folded broad ways) to the witnesses, and was signed and subscribed on the lower half believing the tained on the upper half of the first side). Probate granted with the consent of the next of kin. of the first side foolscap paper, the upper half of the third side had (the witnesses been torn off, and the lower half of that side when will to be con- folded down concealed the writing on the lower half of the second side of the paper. The will was as follows: "This is the last will and testament of me, John Bullock, of No. 9, St. James's Square, in the city of Westminster, made this 13th day of June, 1842, I give and bequeath unto James Symes all my property and effects whatever and wheresoever to and for his own absolute use and benefit, and I do hereby nominate and appoint to be the executor of this my last will and testament, John Bullock, John Bullock, James Symes, Rollisson's Cottages, Tooting, Surrey." On the lower half of the first side of the sheet-witness my hand this present |