Van Wert v. Benedict

The Surrogate.

■ In this case, John Sherwood propounded for probate an instrument, dated ¡November 25, 1844. Merit Van Wert, having subsequently also offered *116for proof, as the last will and testament of' the deceased, another paper, dated June 23,1849 * I found it necessary to order both applications to be consolidated, tried and heard, as one proceeding.

The instrument executed in 1844, purports to have been made under a power given to the decedent, by the will of James Benedict, her father, to dispose of certain property in case of her decease without issue, “ by her last will and testament,…