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Quality Court 25th July 92
Dear Sir/
I hope before this you have received the Case which I sent you by Yesterdays Mail Coach, with Orders to deliver the same immediately, I this morning received your Lre and Communicated the contents thereof to Mr. Fearne whose Answer is as follows ‘It must of course be proved in Common Form by the Ex[ecut]ors so far as respects any personal Estate, But that be no proof of it, as a Will of <Lands>, And if it is expected that the Heir will contest it, it will be on that Account, most advisable to prove it in Chancery against the Heir for perpetuating the Testimony of the Witnesses thereto, as is usual in such Cases’
Therefore if you are under the necessity of proving the same in Chancery you must file a Bill in the first instance and Issue a S[ub]p[oen]a against the Wits. and get in their Ansrs. which will be to perpetuate their Testimony, or you may have a S p a before the filing the Bill, yet if you are to be concerned for the Wits. there is no need of a S p a at all, and when the Ansrs. are come in, (that is) the Wits. have given their Testimony the same together with the Bill, and if atteds. to take the Answrs. etc must be exemplified on 20s. Stamps, which then is called the proving the Will in Chancery, I take it for granted from Mr. Fearne’s Observations above the Exors may take Adm[inistrati]on in the first Instance _
I am Dr. Sir
Your much Obliged And very hble. Servt.
Anth J Watts
