Page:United States Reports, Volume 2.djvu/296

 ` ago Casas airmed or reverfed in the l7g‘t. lhould get into the hands of the appellant, or be lofi. On the ’V¥other hand, it does not appear what became of the Will of r77g, after it was fent and delivered to the tehatrix, whether it was dellroyed by her, or any other perfon.-but it cannot he found. lt does not appear, wherein the Will of :779 dif- fered from the prefent one, not what alteration was thereby made in particular, only that there were partial alterations, and there were no exreutots named in it. In this view of the cafe, I am of opinion, that the mere cir- cumllance of making the Vi1l of 1779, is not nirtualb a revo·· cation of the former, the contents being imlnowu, and it not appearing to have been in y at her death, but rather the cou- trary, and that flue had cancelled or defiroyed it. No other perfon was interelled in its deflruiiion, from any thing I can difcorer, except the appellant, or his brothers, who were not in Amer ra; and charity will induce a prcfumption, thatlhe her- _feii` deilroyed it. If this is the fat'}, the firfl Will is not thereby revoked, as neither could be rempkte Wills, until the death of the tcftatrix, and her delimying it had the £ime casa as if it had never exiiicd, unlefs it had been clearly proved, that {he did it with an intention to die inteiiate. Should a contrary opinion hold, to wit, that the Erik Vill was revoked, at the iiyhmr the fecond was executed, yet the cancelling of the fe- cond by the T eiiatrix herfelf is a revival of the firli, if undef- ttoycd. Cut?. gz. Haru·ood ·v. Goodright. Here is a good Jh:%?ing Will properly attelied : There is no way to defeat it, but by proving it was revoked by another Will, pyijing at the death oi the Tcliatrix, or that {he cancelled the latter Will, fo revoking all former ones, with a mind to die in- tcliat r. And as thc appellant has failed in fuch proof, I con- cur with ihe Prelident, that the Will of 1775 mult Rand ; and that the fentence of the Regiflefs Court be aliirmed, with double coils. · ` Tue Coersr concurring, the fentenee of the Regillcfs Court was, accordingly, atlirmed, with double colls." _ f See an:. p. 2.66 Bauliuat e: al. Executors againll Bradford. Avzw

�