alone, sitting at her writing-table, upon which were several papers lying before her, but how many the said Fanny Brown did not recollect; that Lady Mary Monck took from amongst the said papers the said paper marked A, and signed it in the presence of Fanny Brown and Isabella Graham, and requested them to sign their names to it as witnesses, which they thereupon did in her presence, and in the presence of one another. The following is a copy of exhibit A : "It is my wish for my dear husband to administer to the moneys, the smaller bequests dear Laura will be so kind as to attend to. M. E. MONCK, May 16th, 1851. Fanny Brown. Isabella Graham. "Some tapestry work of the Dowager Countess of Tankerville to be disposed of as Sir Charles may think fit, or kept by the family at Belsay." This last paragraph was not on the paper when signed by the witnesses. Immediately after the witnesses had subscribed their names, Lady Mary Monck took from among the papers lying on the writingtable two sheets of paper with writing on them (but Fanny Brown could not identify them), and enclosed them in the paper marked A, which she sealed with two seals. Some time after the year 1853, Lady Mary Monck gave to her husband exhibit A, sealed with two seals, impressed with the letter M, to deposit in the strong-room. This paper parcel was opened after her death, and was found to contain two pieces of paper, marked exhibits B and C. They commenced as follows: "BELSAY, May 11, 1851. "Of the £5000 in my power to leave, I bequeath to dear Harriet Straubenzee, to be settled on my god-daughter Mary Straubenzee, £1000; £2000 to Louisa and Alicia Hammond, £1000 each; £500 to Maria and Mary Wrottesley, £250 each; £1000 to Gertrude Gorges, to be settled on her son Arthur.” Then followed a great number of bequests of articles of jewelry and pictures to various persons, including the bequest of torquoise and gold earrings, and concluded thus: "Signed in the envelope, May 16th, 1851;" underneath this, and in a different-colored ink were these words: "P. S.-The water-colored paintings in Duke Street, and whatever else of mine of worth and ornament, to my dear husband. My will revised, April 19th, 1858." Several alterations in red ink had been made by the deceased subsequent to the original date of the document, and it was clear from the state of the seal that the envelope had been opened after it had been sealed in the presence of the attesting witnesses. The pleadings are sufficiently referred to in the judgment. Dr. Tristram, for the plaintiffs. Dr. Spinks, contra. SIR C. CRESSWELL. In this case Mr. Henry Van Straubenzee and his wife propounded the will of the late Lady Mary Elizabeth Monck, signed by two witnesses, was written, "I confirm the contents written in the enclosed document," etc.; this was duly signed by the deceased and attested by two witnesses. The question is, whether parol evidence can be received to identify the document purported to be confirmed, and, if so, whether the evidence of identity is sufficient? Where a duly executed paper contains a reference to another testamentary paper the court is at liberty, by parol evidence, to ascertain all the circumstances of the case, so as to place itself, as far as possible, in the situation of the testator, the meaning of whose language it is called upon to declare ; for on such occasions the Court of Probate is to some extent a court of construction; but parol evidence is inadmissible to prove intention. In Allen v. Maddock, all the cases on this point were elaborately reviewed. Here the fact to be proved is the identity of the instrument now produced with the document referred to in the memorandum indorsed on the inner envelope. The parol evidence shows that the envelope was sealed in a particular manner, and that it was found so sealed after the testatrix's death, without any appearance of the seal having been broken. The memorandum refers to only one paper, and one only was found in the envelope when opened. I have no doubt that the document referred to by the deceased was the paper found in the envelope after her death, and shall decree probate as prayed. Probate granted. THIS was an amicable suit, instituted under the direction of the court for the purpose of determining whether two paper-writings of a testamentary character had been incorporated in another paper-writing duly executed according to the Wills Act by the late Mary Elizabeth Monck, the wife of Sir Charles Miles L. Monck, of Belsay Castle, Northumberland, so as together to constitute her last will. It had been arranged that Mrs. Van Straubenzee should propound the papers as plaintiff in the suit, and that Sir Charles Monck should appear as defendant. The personal property over which Lady Mary Monck had disposing power consisted of certain articles of paraphernalia, and she also had power, under her marriage-settlement, to appoint by will a sum of £5000 charged on her husband's estates, and to be raised and paid after his death. The facts of the case, as proved by affidavit, were, that on the 6th of May, 1851, Fanny Brown, the housekeeper at Belsay Castle, was requested by Isabella Graham, now deceased, another servant at Belsay Castle, to accompany her to the room where Lady Mary Monck was sitting; that they accordingly went into the room and found her there alone, sitting at her writing-table, upon which were several papers lying before her, but how many the said Fanny Brown did not recollect; that Lady Mary Monck took from amongst the said papers the said paper marked A, and signed it in the presence of Fanny Brown and Isabella Graham, and requested them to sign their names to it as witnesses, which they thereupon did in her presence, and in the presence of one another. The following is a copy of exhibit A : "It is my wish for my dear husband to administer to the moneys, the smaller bequests dear Laura will be so kind as to attend to. M. E. MONCK, May 16th, 1851. Fanny Brown. Isabella Graham. "Some tapestry work of the Dowager Countess of Tankerville to be disposed of as Sir Charles may think fit, or kept by the family at Belsay." This last paragraph was not on the paper when signed by the witnesses. Immediately after the witnesses had subscribed their names, Lady Mary Monck took from among the papers lying on the writingtable two sheets of paper with writing on them (but Fanny Brown could not identify them), and enclosed them in the paper marked A, which she sealed with two seals. Some time after the year 1853, Lady Mary Monck gave to her husband exhibit A, sealed with two seals, impressed with the letter M, to deposit in the strong-room. This paper parcel was opened after her death, and was found to contain two pieces of paper, marked exhibits B and C. They commenced as follows: "BELSAY, May 11, 1851. "Of the £5000 in my power to leave, I bequeath to dear Harriet Straubenzee, to be settled on my god-daughter Mary Straubenzee, £1000; £2000 to Louisa and Alicia Hammond, £1000 each; £500 to Maria and Mary Wrottesley, £250 each; £1000 to Gertrude Gorges, to be settled on her son Arthur." Then followed a great number of bequests of articles of jewelry and pictures to various persons, including the bequest of torquoise and gold earrings, and concluded thus: "Signed in the envelope, May 16th, 1851;" underneath this, and in a different-colored ink were these words: "P. S.-The water-colored paintings in Duke Street, and whatever else of mine of worth and ornament, to my dear husband. My will revised, April 19th, 1858." Several alterations in red ink had been made by the deceased subsequent to the original date of the document, and it was clear from the state of the seal that the envelope had been opened after it had been sealed in the presence of the attesting witnesses. The pleadings are sufficiently referred to in the judgment. Dr. Tristram, for the plaintiffs. Dr. Spinks, contra. SIR C. CRESSWELL. In this case Mr. Henry Van Straubenzee and his wife propounded the will of the late Lady Mary Elizabeth Monck, |