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ARMSTRONG v. LEAR.

33 U.S. 52 (____)

8 Pet. 52

KOSCIUSZKO ARMSTRONG, APPELLANT v. BENJAMIN L. LEAR, ADMINISTRATOR OF THADDEUS KOSCIUSZKO AND OTHERS.

Supreme Court of United States.

Attorney(s) appearing for the Case

The case was argued by Mr Key, for the appellant; and by Mr Wirt and Mr Z.C. Lee, for the appellee.

Mr Justice STORY delivered the opinion of the Court.

This cause was formerly before the court, and the decision then had is reported in 12 Wheat. R. 169. The bill is now substantially the same with the former bill, except that there is an allegation that the instrument set forth as a testamentary instrument, executed at Paris on the 28th of June 1826, in favour of the plaintiff, "has been admitted to probate, and duly proved in the orphan's court of Washington county...

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