APPENDIX TO CiJRONiCLE. 



21; I 



tion at issue between the parties ; 

 it was sufficient to observe, that if 

 fairly executed by the testator, 

 with an ample knowledge of its 

 contents, it would have the effect 

 of recognizing and rendering legal 

 tiie will it refers to, respecting 

 which the testator's mind might 

 have been previously fluctuating. 

 The circumstances attending the 

 execution of the last will were 

 certainly such as to excite the 

 vigilant attention of the Court ; 

 the consolidation of the two in- 

 struments into one appeared to 

 have been effected by agreement 

 of the parties interested, but it was 

 not negatived that this might not 

 have been done by desire of the 

 deceased; he was deaf and blind, 

 and had been for some time con- 

 tined to his bed ; it was to be la- 

 mented, that, in sucli a situation, 

 the deceased's i-eal intentions had 

 i»ot, at the time of executing the 

 will, been more pointedly ascer- 

 tained; but still, if those inten- 

 tions were proved, the Court was 

 bound to pronounce for the will. 

 He might have understood what 

 was going on, though prevented 

 by his infirmities from expressing 

 liis assent more perfectly than he 

 did ; and it was to be presumed 

 that he would not have lent hi« 

 band, as he did, for guidance to 

 sign the will, had he not intended 

 it as an expression of his concur- 

 rence in that act. There was no 

 proof of the case of control by the 

 parties interested set up on the 

 part of the next of kin ; they had 

 pleaded only occasional deafness in 

 the deceased, but that was no 

 proof of his incapacity. One of the 

 witnesses who attended him con- 

 stantly, stated only an occasional 

 waodtrJng of his mind, and that 

 only within a fortnight of his 



death, but the will in question 

 was executed eighteen days prior 

 to that event. Another, who 

 called upon him within that time, 

 proved that he conversed very col- 

 lectedly about the sale of some 

 wood belonging to him, and other 

 matters of business. His deafness 

 was said to be only occasional ; 

 deafness was a disorder always 

 greater or less according to the 

 state of the bodj' ; cold, amongst 

 various other causes, tended great- 

 ly to augment it; and it was not 

 improbable but that the deceased's 

 deafness might have been greatly 

 diminished by so long a confine- 

 ment to his bed. It was material 

 to look to the contents of the 

 wills : the greater part of the 

 property was given to the Fishers 

 and Wheelers, for whom he had 

 a great regard, living on terms of 

 great intimacy, and receiving nu- 

 merous civilities from them. Now, 

 if their intentions had been frau- 

 dulent, the first will would not 

 have given so much to his rela- 

 tions, and comparatively so little 

 to them ; they might have intro- 

 duced a few trifling legacies to 

 give a colour to the transaction, 

 but they would not have done so 

 to the extent of that will. It 

 was, therefore, most probable that 

 the augmentation of the bequests 

 to these parties in the latter will 

 originated with the testator him- 

 self, though by what means could 

 not appear, as the instructions 

 came from the parties; but if 

 that will, when read, was adopted 

 by the deceased, it was equally 

 valid as if prepared pursuant to his 

 own verbal or written instructions. 

 The fact of its execution then took 

 place in the presence of one of the 

 deceased's own relations ; there 

 was no appearance of any con- 

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