Isaac  Newton,  one  of  the  legatees,  instituted  a  suit  to  prove  the  will,  which  was
contested  by  Samuel  Perks,  one  of  the  next  of  kin.  The  other  next  of  kin  were
cited  by  a  decree  to  see  proceedings.  In  May,  1820,  the  several  proctors  who  had'
appeared  in  the  cause  declared  they  would  proceed  no  further.  On  the  termination
of  this  suit  a  decree  was  taken  out  by  Messrs.  WooUey  and  Gordon,  bankers,  at
Birmingham,  and  creditors  to  the  estate  of  the  deceased ;  calling  upon  all  parties
entitled  in  distribution  to  accept  or  refuse  administration,  with  the  will  annexed  of
the  goods  of  the  deceased,  or  to  shew  cause  why  it  should  not  be  granted  to  them  as
creditors.  Charles  Green,  one  of  the  parties  entitled  in  distribution,  a  private  in  the
11th  of  Dragoons,  being  with  his  regiment  in  India,  the  decree,  according  to  the
custom  observed  on  such  occasions,  was  served  on  one  of  the  pillars  of  the  Royal
Exchange,  and  not  returnable  into  Court  till  the  19th  of  this  month.
Lushington  moved  the  Court  to  dispense  with  the  formality  of  awaiting  the  return
of  the  process,  [315]  on  the  ground  that  the  necessity  for  a  representative  to  the
deceased  was  urgent.
