Norwich bulletin., 1915-02-27

In the superior court Friday at New London the case of William E. Eccles of Preston, England, against The Rhode Island Hospital Trust Co.,. executors of the will of John Eccles, late of Norwich, deceased, was before the court on two short calendar mo- tions.
 One of the motions was by the plain tiff for leave to amend his reasons of appeal in the case by striking out his first reason of appeal which was that the EccleS will was not in all respects legally executed document and ask ing that his second reason of ap- peal stand by itself as his reason of appeal in the case.
 The second reason of appeal is given as follows:
 1. The said appellant, William B. Eccles is the sole heir at law and distributee of the estate of the said John Eccles, deceased.
 g. At the time of the execution of the said fretended will by said John Ec- cles as appears in said will believed that legal corporation of the name of tho Rock Nook Home for Children existed in the town of Norwich in the state of Connecticut.
 8 There was at the time of the exc c11tion of said pretended will and at the death of the said John Eccies no such corporation and there never had been in Norwich any corporate body, corresponding to or described by the said name or designation of the Rock Nook Home for Children.
 4. By misrepresentations, mistake, and ignorance of fact the said John Eccles executed said will giving to said Rock Nook Home for Children the sum of $50, 900 and two thirds of the remainder of his estate amounting to about $110,000 more, the same being the greater part of the entire estate l T-L, yaTNe sessed by him at the time of said will and at the time of the execution there of as appears by the said will and the inventory of the said estate on file and record in the probate court of the dis trict of Norwich; so that the entire will should be set aside and in law ought to be set aside by reason of said representations. ignorance, anr mistake of fact, or leastWise the said two Iegacies given to the said non existent corporation
 The motion of the Rhode Island Hospital Trust O., was that judgment should be rendered sustaining the will on the demurrer that they filled to that reason of appeal that was held good and sufficient by Judge Shrn way at a previous term of the superior court. court and the counsel in the case were directed to prepare and submit to Judge Bennett the proper form of judgment to be approved by the judge and when so approved such judgment to be rendered by the court as the judgment by the court in the case.
 It is understood that an appeal is to be taken by William B. Eccles, the brother of John Eccles to the supreme court of errors of this state from this judgment when 1t is made up and en = tered. The sole question involved in this appeal will be it is said, whether the second reason of appeal is a. prop CT and sufficient pleading to raise the question of the claimed invalidity of the legacies to the Rock Nook Home for Children. The question thus rais- ed is purely a technical one as to whether the second reason of appeal is in proper form to raise for decision the construction of the provisions of the will relating to the Rock Nook Home.
 The decision of this appeal by the supreme court of errors will be confin- ed to the issues raised and will leave untouched and undecided the greatest question involved viz: whether or