Court Of Chancery, Friday...
LA Ir R EPORT. a ox _V , wmc. nas oeen iong aepenafmg m Unaneery, a ectei, whe )i.celt cf lands from the grindfather of the plaintiff, which were to be taLten in tnil nale, uith particuhtr limitations. The defendant and bar ister were in posssssion as cobeiresses of their late father, Henry Barker, a Six Clerk of tlhe Court, who was alteged by the ti intiff'to have deatroyd or secreted a will made by one Edward Oker. in 176;, and to hare usurped and disposed of the estate, cnntmary to the plaintiff"s sightThere were doubts, however thrown upon the legitimacy of the father of the plaintiff, through wbom he claimed, and tupor. the Alster's report thereupon, the Vice-Chan- cellar direted rnu isgue to try thelegitimacy, and anotber to ascertain the nature of the right by which the defendants were in possesmion. The ptesent motion as an appeal froTu the Vice-Chancellor's de- cer, and prayed an alteration of the issues in the alternative. The LoReD CHA!CELLOn. did not feel quitesure upon the ques- tion tnether the jurisdiction coutld proceed in the case of a lost will, a it seas known to do in the case of a lost security. The arnalogies -ere in favrour of the presumption that it could so proceed ; but he beged the coun el on both sides to look into the cases, and let him know whs they met with upon that point. In the mnean time, he was of opinion that the Lisues must be altered materially, and he would do it in his own hand-writing, and in doing it he would take care to have an issue incldded to try whedter or net there wcre any such uill, cr any papers implying an ir:tention to make any such will as tbnt atbich was the constant sabject of reference In the plead- ing:. The conniel might apply to him again on Tuesday morBing. |:"OURT OF CHANCERY, FRIDAYS JULY 9. rA vKF.f V. WUAY.