The petition to the will made by Martha McNeill and others to Judge Farquhar Bethune, filed November 30, 1844.
(From: Papers concerning the will of Zephaniah
Kingsley, 1844, 1846,
Series M87-
20)
Page 14
instrument of writing does not in any manner provide
nor does it provide for any of the conditions restrictions
or limitations by the Statutes of this Territory in such case required
And your petitioners further shew unto your Honor that the
aid Probate of the said instrument of writing as such Last
Will and Testament as aforesaid on the granting
issuing of Letters of Testamentary thereon as aforesaid
have ever been approved one or confirmed by this Honorable
Court and they must solemnly aver and alledge (sic) that
neither the said probate of the said instrument of writing
or the said granting or issuing of letters testamentary
thereon as such Last will and Testament ever ought
to be approved or confirmed by this Honorable Court
And your Petitioners hereby most solemnly protest
and enter their Council against any such approval or
confirmation of the making of the said probate of the
said granting or issuing of Letters Testamentary
thereon as aforesaid and pray that the said probate
may be disapproved revoked and annulled and that
the said Letter Testamentary may be revoked and set
aside and that the said instrument of writing so called
(and pretended to be) the Last will and Testament of the said
Zephaniah decd. may by the order and decree of
this Honorable Court be declared to be null and void
and that Letters of Administration upon the Goods and
Estate which were of the said Zephaniah Kingsley
deceased at the time of his death may be granted
to the next of kin to the said Zephaniah Kingsley
deceased: or to such other person or persons as the
said next of kin may nominate for that purpose accor-
-ding to Law and the Practice of this Honorable Court. And
that the said Kingsley B Gibbs and Benjamin A Putnam
may be required to render to this Honorable Court
a true and perfect inventory and accounts of all the said
|
