3  PHILL.  ECC.  219.  SALMON    V.CROMWELL  1307

"  In  England  all  property  left  without  a  will,  signed  by  three  witnesses,  belongs
to  the  king ;  I  have  not  made  a  will,  for  this  even  is  expensive.  Mr.  H.  has  in  his
possession  a  sealed  letter  dated  in  the  year  1788,  when  I  left  Liverpool,  and  in  which
I  wrote  him  that  my  brother  and  Bangi  shall  have  my  money  in  case  I  should  die."

This  is  a  direct  recognition  of  the  existence  of  a  letter  which  was  not  to  be  opened
till  after  his  [219]  death ;  he  goes  on  recognizing  this  direction ;  ho  keeps  the  dis-
position alive.     "  I  have  not  communicated  to  him  yet  the  death  of  your  father."

I  think  the  deceased  did  not  consider  his  return  to  this  country  as  a  revocation.
These  circumstances  shew  that  he  regarded  these  letters  as  important,  which  were  to
direct  the  disposition  of  his  property  ;  and,  therefore,  I  think  the  Court  is  warranted
in  admitting  this  allegation  to  proof.
[220]    Salmon  and  Others  v.  Cromwell.     Prerogative  Court,  Hilary  Term,
Feb.  23rd,  1820. — Admission  of  an  exceptive  allegation  suspended.
Judgment — Sir  John  Nicholl.  The  Court  at  all  times  admits  exceptive  allegations
with  caution,  and  they  are  seldom  introduced  with  effect.  This  case  is  not  a  favourable
one  for  an  exceptive  plea.
