
    Berryman ag’t Booth.
    Mr. Attorney for the Pit.
    
    There being no Proof to this Writing per testes — Or that it is the Testor’s Hand Writing and one of the Witnesses declaring she does not remember signing it This could not be looked upon as a Will Especially if the Declaration after the Birth of a son be considered which strongly implys he had no Will at that Time or at least that he had an Intention to alter it And it is no Wonder the Wife proved it who gained so considerably by it.
    That if this could be taken for a genuine Writing yet the Birth of a son afterwards is Such an Alteration in the Testor’s Circumstances that a Revocation may well be presumed Otherwise here is a Child sent a begging [40] and cited Lugg v Lugg 2 Salk. 529. and the Case of Shelton’s Will in this Court where the Testor having several Children born after making his Will a Revocation was presumed and adjudged accordingly
    Hopkins f Deft.
    
    The validity of the Will cannot be contested here in this Suit but should be in the County Court where Probate was granted Or upon an Appeal in this Court 2 Vern. 8. Moss v Archer. 2 Vern. 76. Nelson v Oldfield. But this a good Will and appears upon the Face of it to be genuine And Wills are seldom proved in any other Manner in England and If this be a Will the Birth of a Son afterwards does not revoke it By the Civil Law a Testament is annulled by the Birth of a Child Dom. Vol. 2. 40. But not by the Law of England Swinb. 2. p. 174.
   A writing purporting to be a Will was found among the Papers of the Pits. Father after his Death. It was signed by him and three Persons subscribed as Witnesses By this he gives all his Estate to his Wife Some time after the Date of this Writing he has a Son (the Pit.) born and then he declares he would make his Will and dyed soon after this Declaration The Wife soon after his Death proves this Writing as his Will in Common Form and obtains a Probate Two of the Witnesses to this Writing are dead and the third swears she does not remember signing it The Pit. now brings his Bill ag’t the Deft, (who married the Testor’s Wife) for divers Slaves-that were the Pit’s Father’s and came to the Deft’s hands by the marriage aforesaid The Bill suggests that the Pits. Father died intestate Or if the aforesaid Writing should be adjudged a Will the Birth of the Pit. afterwards was a Revokation of it.

Decree for the Pit.  