Payne's Will

Meredith Payne, the executor, named in the, last will and testament of George Payne deceased, applied to the county court of Washington, offered, evidence of the execution of the will, of the loss thereof, since the testator’s death, of its contents, by a substantial copy produced, and applied for letters, of probate, Richard Payne opposed the probate, and the court being divided, the application was^ therefore, not granted; from which Meredith Payne, the executor, has appealed.

The due publication of the testator’s will in writing, made and attested according to the solemnities required by…