#### Halifax, October, 1797.

/GENERAL DAVIE moved to prove the will of Major €e-rard, lately deceased ; saying the estate was under such circumstances as required immediate attention before the time of *3the sitting of the county court of .Edgecombe where the testator resided at the time of his death.

Per Curium-.

Williams and Haywood.

The act of 1789, ch. 23, see. 1, directs the probate of wills tobe in the court of the county where the deceased resided, to the end that those concerned to contest it, might know whe.re to go to make opposition to the probate. The parties cannot know it will be offered hete so cannot be prepared to oppose it here, et per Haywood Judge. This court, independent of the ocher reason has but an appelate jurisdiction in cases of probates, by 1 777, ch. 2, sec. 62 63, and for that, reason cannot take probate in the first instance.

Motion denied .