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![handle is hein.slavery/ssactsengr0714 and id is 1 raw text is: 8 VES. $Il9. 481. 8112DDON V. GOODRICH 441
case ; and, judging only upon the circumstances, that come before me, I have a
judicial suspicion, that those powers were not very properly obtained. I agree,
it does not therefore follow, that the Will was not : but I have a judicial suspicion
connecting them ; one being executed only the day before the Will.
Upon the whole the general interests of justice do not call upon me to advise
his Majesty to grant this Commission, even if the particular decision was wrong;
for the principles, upon which it is granted, do not deny, that it may be refused,
even in a case, in which I might think there might have been a better decision.
July 12th. The certificate of the Lord Chancellor stated, that the case, as estab-
lished on the part of the memorialists, does not furnish any such doubt respecting
the sentence pronounced by the Court of Delegates, considered either with reference
to the facts, which it can be understood to have decided upon, or with regard to
im-[481]-portant points of law, which it may be supposed to establish, as makes it
expedient, that his Majesty should grant such Commission of Review as hath been
prayed. This Commission is prayed of the grace and benignity of the Crown. Its
sound discretion, by which its grace and benignity are guided, has upon obvious
grounds of public expediency usually induced it to withhold Commissions of Review,
unless there are very cogent reasons for believing, that the sentence sought to be
reviewed is founded upon error in fact or in law ; or, unless the doctrines of law, upon
which the sentence is supposed to be founded, are so questionable or important, as
to make it clearly fit, that they should be considered in the most solemn manner.
His Lordship farther stated, that he had not found, that the present case furnished
such reasons or considerations for granting the Commission prayed ; and that it is
nor expedient or due to justice, that in this case a Commission should be granted
for reviewing the sentence pronounced by the Court of Delegates in affirmance of
the sentence of the Judge of the Prerogative Court.
(1) The Delegates were the Judges Grose, Lawrence, Le Blanc, and Chambre;
Baron Thompson; and Drs. Fisher, Coote, Parson, and Robinson.
(2) Wade v. Broughton, 3 Ves. & Bea. 172. A principal defect of this species
of proof is, that it gives no positive evidence, that the party can write ; which is
perhaps the proper object of the question, whether the witness has seen him write.
As to that the answer has the true character of evidence : as the foundation of a
familiarity with the manner of writing, sufficient to enable him to speak to his belief,
it can scarcely have effect without farther inquiry; not merely as to the point of time,
which is very material, but also upon the frequency and degree of his observation, in-
volving many important circumstances. If the ground of opinion was investigated, it
would probably in most instances appear to be drawn rather from correspondence than
from actual observation of the act of writing. The mere comparison of writing
by a person, having no knowledge from observation or correspondence, under a
variety of circumstances, instruments of the most different natures, as in Randolph
v. Gordon a Will and entries in a book, or of a less formal character, a note, memor-
andum, &c., can surely amount to nothing deserving the name of evidence.
SHEDDON V. GOODRICH. May 11th, 14th, 20th, 1803.
[See Kermode v. Macdonald, 1868, L. R. 3 Ch. 587.]
Direction by Will to sell real estates, and after the sale to pay certain legacies, held
upon the Will not a conversion out and out; and the surplus produce does not
pass by an unattested codicil. No election against an heir at law, claiming under
a Will, and also against it a real estate, for want of a due execution according
to the Statute ; unless an express condition is annexed. Real estate in Bermuda
passes by a Will, not duly executed to pass real estate according to the Statute.
Legacies and annuities charged upon a mixed fund of the personal estate, and the
produce of real estate under a direction for sale. A different disposition of the
whole by a codicil failing as to the real estate for want of a due execution, the
charge remains upon the real estate.
Bridger Goodrich, of the island of Bermuda, by a Will, dated the 2d of May 1792,
and [482] attested by three witnesses, made the following disposition :
First, I give to my beloved wife Elizabeth Goodrich all my lands, houses,](ViewImageLocal?handle=hein.slavery/ssactsengr0714&div=1&collection=&method=preview&ext=.png&size=3)