carill against knight prerogative court rd session easter term April that a  will establish dr hay for knight Charles carill decease die on Sunday the that  October about lee two hour before his death he execute his will and appoint  knight his executor and residuary legatee John carill as cousin and next of  kin cite knight to prove the will by witness knight propound it and have  examine three witness who prove that on the that October decease be very ill  knight ask he whether he have any valuable effect by he because he have only a  nurse with he and how he will have they secure whether by he and grey who be  present or either of they decease say by you grey withdraw and then decease  give knight direction about his will carill have interrogate the witness but  have not plead witness for knight John grey apothecary knight deponent and  decease be intimate acquaint together on the evening of Saturday the that  October deponent and producent be with decease producent ask decease if he  have anything valuable about he as he have only a nurse with he decease say he  have a note for in his bureau and four or five guinea and voucher for two  prize ticket of each in the Irish lottery knight ask he if he will have they  secure be say yes by you deponent then go out of the room and when he return  in again decease say to deponent he have give deponent twenty guinea his  effect be small and he hope he will be satisfy with that for his trouble and  attendance knight be go to tell deponent what have pass between decease and he  but decease say you need say no more of that next morning deponent go again  with producent to decease but deponent be not then lee in decease room they  then go to Mr brown house but he be at church come afterward to producents  lodging and there draw the will plead from instruction draw by producent and  then they all three go to decease with say will when decease be raise up in  his bed he faint away and have some wine and drop give he then brown read the  will to decease and there be a blank for mrs Morgan a legatee Christian name  decease say it be mary and the blank be accord fill up decease attempt to make  a mark to the will but be so weak he can not hold the pen and then brown put a  pen in his hand and guide it to make a mark to the will and then decease in a  scramble manner take a seal off the wax and be ask if he publish it as his  will he push it towards producent but say nothing decease be perfect in his  sense in it deponent be voluntary present at the execution N B he have  renounce his legacy Edward brown gentle on the morning of Sunday the that  October producent call on deponent to go to decease deponent be at church when  he come home and hear producent want he deponent go to producents lodging  producent there give deponent instruction in write from which he then draw the  will plead deponent producent and grey who be present then go to decease  decease be very weak and faint and take drop and then deponent read the will  audible to he and there be a blank for mrs Morgan Christian name and decease  be ask he say her name be mary decease do not say be approve the lee will but  he do not object to it he be so weak that though he attempt he can not make  his mark himself but deponent guide his hand knight say to decease you publish  this to be your last will decease do not answer but grey repeat the question  decease say ay ay when decease take drop before lee er p the execution of the  will he say he have enough deponent from the above say circumstance very  believe decease be perfect sensible deponent and chalk witness it in it  decease be as weak as possible in body but believe he be very sensible mary  chalk deponent be nurse to decease at his death he die about two hour after  the will be execute producent or brown tell deponent decease desire her to  witness the will decease make his mark and seal say will and say something but  deponent do not hear what deponent and brown attest it the will be not read in  deponent presence very believe decease be of sound mind he speak sensible to  deponent just before in it decease be very weak he make his mark himself and  his hand be not guide dr hay for knight grey depose to decease recognition of  the instruction decease himself say Morgan name be mary which show capacity he  push the will towards knight which likewise show he know it be a will for  knight benefit dr Simpson for carill the court can not have pronounce for the  instruction because there be no proper proof of they none be take lee down in  write on the that at night knight first show they to grey on the that in the  morning decease be die and have not a capacity sufficient to understand the  effect of his will coke report f marquis of Winchester case Coombes case more  a testator must have a mind adequate to what he be about there be no proof of  a animus to cause to testify judgement sir George lee though the proof for the  will be very slight I think myself oblige to give sentence for it upon the  evidence of grey that decease tell he he have give he twenty guinea on that of  October from the evidence that decease say Morgan name be mary which show he  know what have be read to he be his will and from the concurrent testimony of  all the witness that though the decease be extreme weak in body he be perfect  in his sense and there be no contrary evidence nor any exception to the  witness except what arise from slight contrariety on circumstance I pronounce  for the will