Prerogative Court, Thursd...
T W ' ? testamenty caue bwo]vmg aro the pcr7 jtgndty being issted t frotn t,01. to 60001., tLe estate ate a6ujS0,0001 T'WO inetnimeists Wm e?e Wfh~f4ma coiit5iJng the lt Will nd.testrment of the late W. Elis E,, of Northsatrees, d Vestminster. de se as The first of' teper ptrs whiih was dated ooi the 23t of Seto enber, I8, -be. questhed the bulk of the testatOr's Proptdy to his three nephewsh and throe niee vhmn iat w o ouspr ed. The other paper, dated the t byofFe bruary, ous;-ead the y Mt Jo n uEc31 th neYougstnephew of the deceased, and theresiduary legatae . sole executor named in such will. The dispositionoftjis latter instrument werte essernilly difmerent froin thosec of the fruser one. The eldest nephew, the Reo.W. Ellis wad leftewih haleacy of only undo.L the second n dhow, Ar. George slil, with a shinmi Id; legacr'; the niece flrst valford with Oer ot 501. the niece ,rs. Kcempson withan anuity ofi 4gt and-the niece aissElis with one of1001. a-year. This wil was opposed upon the guroud that at the date of rts execution the decealsed was not of -a peect testarnentary capai _o o'asudaad disposing mind, xniemoryr, and unclerstandmi 'Te e 7tlnc as of the description'o-wnino to al cases of this kind; etu irely rlatting to family history; and to varfous actsofi the deceased, as tending to afrect the questit of _is relative capacity at the dates of the two wills resqpectively. The de. poritions on this subject wese voluminous; and the fact spoken to iiitxh too numerous to admit'or being condensed within anyr limits that we coald assign to them. Svir Joxx NiCHOLL, in a sentence which occupied two hours ins thne delivery, adverted to every material fact ini the case; and after expressing an opinion, that the second wiil had been obtained fsein the deceased by una,ue influence and solichtanon,pronoancedpins it ; decreed probate to the first will of'eptember, 1820, (the next of' kin onaccnntof heassrte ilgitmny of the nephnm assi niees hower thren nmedprnciallegatee", hauiDg execute of~sen tosuc prbat'spassing the sea); aid con.. i.on llis thepartypropnentas toi the wfiEof Fe.. P"BRJRo4TW1S GOURT TRuXSnD. AILv 1i I * * , w 'T tT AI 7DVuD I v - - I : 57