In itself the probate isn't unusual, but the form in which it is presented to the court is.
It consists of four parts:
1. Instructions taken verbally by James Goren, solicitor, at the bedside of the testator Edward on (or in the days leading up to) 18 February 1828. These instructions were intended to be prepared as a formal will to be executed by the testator in the presence of the usual credible witnesses in the usual manner. However this didn't happen. (Note that the date of this document is contradicted. At the beginning it says 18 January 1828 but elsewhere it is referred to as being dated 18 February 1828.)
2. Further instructions, taken verbally by James Goren, solicitor, at the bedside of the testator Edward on 14 June 1828. Had the final will been prepared the contents of these further instructions were intended to be incorporated in that will. As no final will was made, the further instructions became a codicil to the first set of instructions.
On or about 9 July 1828 Edward died, with the intended formal will unprepared and therefore (obviously) not executed.
The remaining parts are depositions used by the Court to establish the bona fides of documents 1) and 2), which now have to stand in place of the final will.
3. George Holding and Richard Harris, two men who knew Edward's "manner and character of handwriting and Subscription" testified that whatever writing purported to be by Edward which appeared on the documents was indeed written by him.
4. James Goren was deposed to testify that the two documents were indeed the documents that he "prepared and reduced into Writing...from the Verbal Instructions of the said Edward Miles" and further that all "Obliterations Interlineations and Alterations" appearing on the documents were made by him. He further testified that "...the said Will and Codicil were prepared as aforesaid as Instructions for a more formal Will intended to have been prepared therefrom and that such Instructions were executed by the said deceased in the presence of him the appearer as and for his last Will and Testament and a Codicil thereto and were intended by the said deceased to operate as such in Case of his death before he should execute the Will intended to be prepared therefrom..." Finally he testified that no later will was made from the instructions.
If you need help with specific parts of the documents then post again to let us know which parts.
