266 Cans ruled and adjudged in the r7g6. laws! Gxnunr wrfu: Wnrnwnrcur. T the lall term a nm pm. had been entered by eonfenr, on a prefumption, that, at the preceding term, a rule to try or Mufml. had been obtained. . On examining the record, however, no fuch rule was entered; and now Tboum and E. Eikbmau objefted to take off the uonpm notwithllandin the miftake, unlefs the plaintif wastput on the fame footing,gas if _ the miltalte had not happened, by entering a rule to try or nm pro:. as of the lall: term fo that it mi ht operate at the prefent term, ihould the trial be poltponed gy the p1aintiii·’s lube:. Le·wi.r, for the plaintiff, faid he thought the propqlition reafon- ge; and the rule was entered accordingly, by order of the urt.
- Deceméer Term, 1 796.
- N C. 7. Q4 I7o. l Bounmor, 4:.41. Executcrs wrfu Biu¤ro1u>.* P. 2,94 THIS was a feigned ilfue, direflcd hy the Regilier, &c.of_ · .5:4 P/viladegobia, to try, whether a Will dated the zyth April €· f 'I 788, and republilhed on the 1 8th of Oélobcr enfuing, in which _ / _ the plaintifs were named executors was the lalt will of W am B I Brazyird, Efquire, the deceafed brother of the defendant, who · ° claimed as in a cafe of intellzacy. In the courfe of the trial the = JL Q following. points were ruled. , I. T e execution of the Will having been proved, the de-· KE hh fmdzmf: counfel olfered Dr. Rxy}1 as a witnefs, to teltify, that 9 2/ the deceafed, during his lait illnefs, had faid, that he had de- ‘ ilzro ed his will; and that meanin to dicinteflate, he had lign- ed lxromillbry Notes, in favor of time of the members of his ¢ family, for whom he wiihed to make a particular provilion. It
- There was a {`pecial fitting of the Court after December Term
l79i_6. from the ad to the gth of jonuagr 1797, for the trial of this eau e. .
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