When  the  will  of  Anthony  Lyden  was  admitted  to  probate
and  recorded  in  the  Sullivan  county  surrogate's  office^  no  objec-
tion was  filed  and  no  question  raised  as  to  the  amount  of  an^


MASTER  OP  LYMJN.  289

legacy  contained  in  it;  and  the  record  ahows  that  in  the  legacy
to  Martin  Lyden  it  was  recorded  '^  ten  hundred  dollars."  On.
this  hearing  for  a  final  settlement  before  the  surrogate,  the
witnessesy  without  an  ezceptiony  were  asked  to  read  the  provi-
sion in  reference  to  Martin  Lyden,  and  they  read  it  ^'  ten  '^  and
not  ^^two."  The  witness  McGrath,  sworn  for  the  executors,
testified  that  had  he  not  heard  of  the  dispute  he  would  call  it
'*ten.''

This  testimony  all  goes  to  show  that  there  is  no  illegibility
about  the  word.  The  scrivener  was  a  poor  writer  as  well  as  a
poor  speUer;  but,  on  all  the  testimony  and  a  careful  examina-
tion of  the  will,  it  is  dear  there  is  nothing  to  warrant  the  court
in  holding  that  parol  proof  should  be  admitted.
Admitting,  for  the  sake  of  the  argument,  that  the  executors,
who  were  present  when  the  will  was  drawn,  are  prepared  to
testify  positively  that  the  scrivener  was  told  to  make  the  legacy
Martin  Lyden  two  hundred  dollars,  it  cannot  be  allowed,  as
parol  evidence  of  this  character,  under  the  authorities  in  this
State,  cannot  be  admissible.
As  has  been  said  by  a  legal  writer :  *^  It  will  readily  be  ad-
mitted that  to  serve  the  particular  purpose,  or  meet  the  sup-
posed hardship  of  an  individual  case,  we  ought  not  to  break  in
upon  the  established  principles  of  the  law.
