The demand of probate must-be dismissed ; for that it should have been made in Chowan Superior Court, as the Court in which the will was established. It was the judgment of that Court, to which the case was regularly removed, that established it, and not the judgment of the Court in which it was first offered for probate; the judgment of the latter was'vacated or annulled by the appeal. It would have been desirable to the Court, that the parties should have agreed between themselves, on some county for the trial of the matter in controversy, to prevent a further accumulation of costs, and we have accordingly advised it to them ; but as they have not accommodated if, we are constrained reluctantly to render the above judgment,