“This was a suit on the equity side of the court. The bill stated that John Sinnickson, of the state of New Jersey, departed this life, leaving two children, the female defendant and one son, then and yet a lunatic, named Francis; having first duly made and published his last will and testament; whereby, amongst other things, he devised to the plaintiffs, Josiah Harrison and his successors, his real and personal estate in trust, out of the profits and interest, to raise an annuity of $1400 for the sole and separate use of his daughter, the female defendant, exempt from the control of her husband, and certain annuities and legacies for the use of the other plaintiffs in the cause, constituting the said Harrison his trustee as aforesaid, and sole executor. That after the decease of the testator, the said Harrison offered the said will for probate in the orphan’s court, which was rejected upon the ground that the testator had not a sound and disposing mind when he made his will; which decision was, upon appeal, affirmed by the prerogative court, and administration of the said, estate was granted to the defendant Thomas Rowan; who possessed himself of all the real estate of the testator, and also of his personal estate to a large amount. That the said defendant had also taken out a statute of lunacy against Francis Sinnickson the son, and procured himself to be appointed his committee. The bill charges that John Sinnickson, at the time he made his will, was of sound and disposing mind and memory; that the will was written by and according, to his directions, and was read over to, and fully approved and duly executed by him.”
4 Wash. C. C. 202