4

he is dissipated.

Such was commenced against the executor in 1822 by
Wiggins, Taylor and Baker, sisters children of the testators, to set aside
the Will, on the grounds of the testators insanity. The cause was heard before
the Ordinary and the Will sustained. The plaintiff appealed to the
circuit or district Court, and there it has been, continued upon for
proof, each party continuing the cause from time to time up to this
period. Both parties have been assiduous in collecting proof, and no
doubt is entertained, but a final hearing will be had at their present
October term. The testimony is all written, I examined most of it, and
I have no hesitation in believing that the testator was of sound mind
when he execued his Will; and that it will be sustained by a Jury -
The counsel employed by the executor have not the least fear of the
result. There is some [contrarily? controversy?] of testimony, but the weight of
proof is greatly on the side of the Will. Most of the proof made
in the cause goes to shew, that the testator has a strange compound,
and a very excentric man, tho' this was characteristic of him when young,
and accompanyed [sic] him to old age. One thing relied on in proof
by the plaintiff as evidence of the testators insanity, is the fact of his
having decided William Pennywell to be his son under the following
circumstances. There lived with the testator before and at the birth
of William, some man who overlooked his hands, and was his agent in
the management of his affairs. The testator had observed that when
his agent clomb a fence, he [?] got over by passing between the
upper rail and the [ride?]. This Lee discovered to be invariable with
him. When the child was born and arrived at the age of three or
four years, he prooved [sic] to be of the climbng species also, and the
testator