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![handle is hein.slavery/ssactsengr0138 and id is 1 raw text is: ARMSTRONG V. HUDDLESTON [1837]
they trust that it may be available towards the relief of the party, by being repre-
sented in the proper quarter.
[Mews' Dig. tit. COLONY, II. PARTICULAR COLONIES, 16. Mawritius. See Printed
Cases, and S.C. 3 St. Tr. (N.S.), 1284. On point (i.) as to deportation of aliens
and naturalisation in the Colonies, see note to Donegani v. Donegani, 1834,
1835, 3 Knapp, 93; (ii.) as to power of Colonial governor, see Cameron v.
Kyte, 1835, 3 Knapp, 347.]
[478] ON APPEAL FROM THE PREROGATIVE COURT OF CANTERBURY.
The Rev. WILLIAM ARCHIBALD ARMSTRONG and HARRIET ARMSTRONG,-
Appellants; MARY ESTHER HUDDLESTON, Wife of THOMAS HUDDLE-
STON, heretofore ARMSTRONG,-Respondents * [December 11, 12, 13,
1837].
A caveat having been entered, and a suit instituted in the Prerogative Court,
to oppose probate of a Will, on the alleged ground of its having been ob-
tained by fraud, and undue influence, when the testator was not of sufficient
testamentary capacity, judgment was given in favour of the Will, and the
parties opposing it were condemned in costs: Held, on appeal, by the Judi-
cial Committee, that the judgment admitting the probate ought to be
affirmed; but that, as the circumstances of the case warranted the caveat
and proceedings taken, the plaintiffs below ought not to have been, con-
demned in costs, which were ordered to be paid out of the estate; but no
order made respecting the costs of the appeal.
George Andrew Armstrong, a Lieutenant-General in His Majesty's army, for-
luerly of the city of Hereford, but late of Cheshunt Park, in the county of Herts,
died on the 19th of November 1834. Previous to his death, and on the 25th of
October 1834, he duly made and executed his last Will and testament, in writing,
in the presence of three witnesses, whereby he gave and devised the whole of his
estate, real and personal, to his wife, Mary Esther Armstrong, excepting a legacy
of £1000, which he bequeathed to his brother, the Rev. William Archibald
Armstrong.
The deceased died without children, leaving the Respondent, Mary Esther Arm-
strong, his lawful [479] widow and relict, and the Appellants, William Archibald
Armstrong and Harriet Ann Armstrong, spinster, his brother and sister, and next
of kin, the only persons entitled to his estate and effects, in case he died intestate,
and William Archibald Armstrong, his heir-at-law.
A caveat was entered on the 3d December 1834, against probate of the Will
passing on behalf of William Archibald Armstrong and Harriet Ann Armstrong;
and a decree, obtained at the instance of Mrs. Armstrong, the widow, for the next
of kin of the deceased, to see the Will propounded in solemn form.
Various scrips having been brought in, and the condidit pleading the due exe-
cution of the Will in the usual form; an allegation, consisting of 34 articles, was
brought in on behalf of the next of kin, alleging a case of fraud and conspiracy,
and that the Will had been obtained from the deceased by undue means, and when
he was not of testamentary capacity. To this allegation Mrs. Armstrong, the
widow, gave in her personal answers, and proved various exhibits to contradict the
same. Numerous witnesses were also examined on either side; and the allegation
having been reformed, and further answers and evidence admitted, the Judge
* Present:-Lord Brougham, Mr. Baron Parke, Mr. Justice Bosanquet, the
Chief Judge of the Court of Bankruptcy [The Hon. Thomas Erskine], Sir John
Nicholl, and Sir Herbert Jenner.
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