In re the Proof of the Will of Nadal

delivered the decision of the majority of the Court as follows :

On the 9th of August last, the Right Rev. Louis Maigret, Roman. Catholic Bishop at Honolulu, filed a petition, as sole legatee, for probate of the last will of Jose Nadal, late “of Honolulu, deceased, before the Chief Justice at Chambers. The hearing was set for the 18th of August, and upon that day counsel appeared to contest the will offered for proof, on behalf of Prince L. Kamehameha. On the 6th of September, the Chief Justice gave judgment in favor of the validity of *401the will, and thereupon an appeal to the full Court was…