Jitdgment — Sir  John  Nicholl. On  the  facts  of  the  case  there  is  no  contrariety  of
evidence ;  the  deceased  died  a  bachelor ;  he  had  made  several  wills,  and  it  was  his
habit,  when  he  made  a  new  will,  to  cancel  the  former  one. On  the  eighteenth  of
November,  1816,  he  called  at  the  house  of  Mr. Day,  his  solicitor,  who  was  not  at
home ;  but  Mr. Moore,  the  confidential  clerk,  attended  upon  him  and  undertook  his
business  under  circumstances  which  he  states  in  the  following  manner : — "  Mr. Day
being  in  London,  the  testator  communicated  to  the  deponent  his  wishes  and  intentions
respecting  some  alterations  he  proposed  to  make  in  his  will ;  the  deponent  thereupon
(having  access  to  all  the  said  Mr. Day's  papers)  produced  the  deceased's  then  existing
will  to  him,  which,  to  the  best  of  his  recollection  and  belief,  bore  date  [27]  some  time
in  the  year  1815,  and  which  had  been  formed  by  the  said  Mr. Day  of  the  three  first
sheets  of  a  former  will,  executed  by  the  said  John  Head  the  testator,  sometime  in  the
year  1809,  and  of  the  three  sheets  in  his,  the  said  Mr. 