Merrill v. Sherburne

Woodbdkt, J.*

delivered the opinion of the court.

This case was an appeal from a decree of the court of probate in this county, approving an instrument which purported to be the last will of Nathaniel Ward.

It appeared from the copies of the proceedings, and the admissions of the parties, that on the 6th day of June, A. D. 1806, Ward died'; that in the instrument before mentioned, all his property was devised to Benjamin Merrill, the plaintiff’s .intestate ; that on the 23d day of the same month, Merrill obtained a decree of the court of probate, approving and allowing in common form, said…