
    Case No. 4,754.
    FIDELIO v. DERMOTT.
    [1 Cranch, C. C. 405.]
    
    Circuit Court, District of Columbia.
    June Term, 1807.
    Mr. Caldwell, for petitioner,
    
      Mr. Key, for defendant,
    Mr. Caldwell and Mr. Law, for petitioner,
    Mr. Key, for defendant,
    
      
       [Reported by Hon. William Cranch, Chief Judge.]
    
   But

THE COURT

said clearly it does not, because, at the time of making the codicil, there were three years unexpired of the time of his service; which might be sold, and so make the codicil consistent with the will, and give operation to both.

Verdict for the petitioner.  