Page:United States Reports, Volume 2.djvu/292

 Htcn Couar of Eaaoas and APPEALS _ of Pfllfgb/llvdhld. _“}'u{y Seflion, 1 792. --1th--— Lawsou, Appellant, vnyiu Moxrusou, mal. Appellees. b 2/6 PPEAL from a fentenee of the Regiller of Vills 8rc. and • 7l two jultices of the Common Pleas for the County of M /7 [_ (.Tmnb.·rlmrd. The cafe had been argued in faq 1789, (before B 4 Ig the prefent organization of the ]udiciary Department under the . ' ‘ exilting Conftitution) and afterwards in Oilober 1792, by Brad- 2/$6- jérd and Iz·_g:1y’bIL for the appellant, and by Lcavi: for the ap- ‘ llees. {is:  · PcThe faéts, on which the appeal arofe, were as follow :—A • written paper, purporting to be the Will of jmzet JlIarr%n, da- ted the xgth of Ofiaber 177;, was exhibited for probate to the Regifter of Vills, Etc. on the tgth of Offatlsr 1786. A ra- vmt was entered by the appellant againil; admitting it to be pro- ved, alledging thatithe teltatrix had made a lamr Will, which exprellly rwahd the former will; and that the latter Will had not been cancelled, nor dellroyed, although it could not be found after her death. The Vill of Oébber 177 5, was, however, ellabliihed, by the fentenee of the Regill;er’s Court; from which fenteiice the prefent appeal was brought; and new evidence was given in this Court. _ On thc record and cvidcucc, it appeared, that _7nm·t Morri- jr: had .1 VVill written before this of 177 5, by Oliwr AnrIw_@n, which former Vfill was duly executed. The ihme fcrivener wrote this Vfill. He afterwards wrote another Vill in 1777, and a fourth Vlfill about the latter end of the year 1779. The tellatrix dellroyed the lirlt Will, when the Will of t77g was executed, and alfo that of I';77 when {hc executed the Will of 177;. In the lafl Vill, the {`crivener (who was a witnehs) to/iwt: there were words revoking all former Wills, Spd at

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