Beckford and Beckford January a bill may be bring in the court of chancery of  Jamaica to perpetuate the testimony of witness notwithstanding a bill be bring  for that purpose before in England in Peter Beckford make his will at Diepe in  France and thereby devise his estate to Bathsheba Beckford this estate lie in  Jamaica a short time after make this will he return to England and from thence  go to Jamaica at which place he die very short Philip Beckford be his heir at  law and on his death take possession of the estate the present bill be bring  by Bathsheba against he in order to perpetuate the testimony of her witness  relate to this devise to this bill the defendant put in his answer and thereby  insist upon two matter by way of defence one that the testator do not duly  execute the will Barnardiston er p accord to the statute the other that he be  not of sound memory at the time of the execution of it Barnardiston in after  put in this answer the defendant go from England to Jamaica on the that of  October in that same year which be a short time before his go there he leave a  affidavit with his solicitor that several person who name be mention in the  affidavit and who reside in Jamaica be material witness for he to show that  the testator be not of sound memory when he return to Jamaica at the time  which have be mention this affidavit be leave with his solicitor in order to  be make use of if there shall be occasion and not otherwise since the time of  make it publication be twice enlarge once on the application of the defendant  the other time as it be say on the application of the plaintiff but at neither  of those time be this affidavit make use of nor be it so much as mention that  the defendant have any occasion for a Commission to Jamaica to examine those  witness there who name as have be say be mention in the affidavit the time for  publication be to expire to day and now it be move upon the foundation of this  affidavit that the defendant may have a Commission to Jamaica to examine those  witness there and that publication may be far enlarge to the first day of  Michaelmas term next Lord chancellor be of opinion that this motion ought not  to be grant he say here be a gentleman who be heir at law to the testator and  be in possession of his estate the bill be bring in the will be say to have be  make at Diepe the most material proof that can arise in this Cause must arise  from witness who be at Diepe at the time the will be make and who know the  state of the testator mind there at that time No very strong proof relate to  this matter can arise at Jamaica for though the testator go there soon after  his return from Diepe and may there be guilty of extravagancy yet that proof  will not be very strong to show that he be not in his right mind at Diepe  where the will Barnardiston be say to have be execute if the witness who name  be mention in the affidavit be material for the defendant it be very  extraordinary that they shall not have be mention at either of those time when  publication be before enlarge nor be there any likelihood that the defendant  will suffer injustice by the denial of this motion for he man bring his  ejectment in Jamaica and may likewise file another bill in the court of  chancery there to perpetuate the testimony of those witness reside there  notwithstanding the present bill which be bring in this court accord the  motion be refuse