206 
-memory of so eminent a man) 
attend to his own in the hurried 
manner manifested by the paper 
in question. The nature of the 
alterations themselves shewed that 
he intended them to operate ; the 
language was such as would be 
used in more formal instruments, 
and for every one of the altera- 
tions there was a strong reason 
assigned in the allegation. He 
then entered into a detail of them, 
drawing inferences to this effect. 
The name, seal, and attestation 
were also al! left perfect. All 
these circumstances, then, led to 
the inference, that he considered 
he had altered his will sufficiently 
for the alterations to take effect, 
and this was confirmed by his de- 
claration in Oct, 1810, of having 
done so when displeased with his 
eldest daughter’s marriage, and 
by his never having declared an 
intention of proceeding to make 
another will, though he lived a 
sufficient time for it; and as his 
death was not stated to have been 
sudden, his last illness was most 
likely gradual enough to suggest 
to him the necessity of so doing, 
had he intended it. 
The alterations, therefore, if 
proved under the circumstances 
stated in the allegation, must be 
considered as part of the will, al- 
tering pro tanio to the extent they 
express. The allegation was ac- 
cordingly admitted to proof. 
Sherardand Sir Simon Haughton 
Clarke, bart. v. Sherard.— This was 
a question as to the appointment 
of executors under the will of 
the Rev. Philip Castel Sherard, 
late of Upper Harley-street, Mid- 
dlesex, deceased. 
ANNUAL REGISTER, 
1815. 
By his will, dated August 24, 
1809, he appointed his brothers, 
George, Robert, and Caryer Sher- 
ard, executors and trustees, and 
gave them 1000/. to be divided 
amongst them in case they should 
accept the trusts. By a codicil, 
dated the 30th of August, 1809, 
he revoked the appointment of his 
brother Robert asanexecutor, and 
appointed in his stead, his wife; 
and the attestation to this instru- 
mentex pressed, thatit was signed, 
&c. by the testator, ‘¢ as part of 
his last will and testament.” 
By a second codicil, dated De- 
cember 5, 1812, he made an al- 
teration to this effect :—“ I Philip 
Castel. Sherard, of Upper Harley- 
street, have made a Will some 
time ago, in which I appointed 
my brothers George Sherard; 
Robert Sherard, and Caryer Sher- 
ard, trustees and executors for the 
purpose of carrying that my will 
into execution. I donow appoint 
my friend Sir Simon Haughton 
Clarke, baronet, a trustee and 
executor, for the purpose of car- 
rying my said will into execution, 
instead of my two brothers Robert 
Sherard and Caryer Sherard, as 
he is more conversant with my 
affairs then they are, and 1 invest 
him with all the powers and rights 
which lhadin the beforementioned 
will invested Robert Sherard and 
Caryer Sherard with, for the pur- 
pose of executing my will; and 
my intention is, that my brother 
George should remain trustee and 
executor, and that Sir Simon 
Haughton Clarke be joined with 
him only. And I hereby revoke 
the appointments of Robert Sher- 
ard and Caryer Sherard as trus- 
tees and executors, but wish all 
