Author: Thomas Johnson Michie

Publisher: Forgotten Books

Published: 2018-05-06

Total Pages: 1124

ISBN-13: 9780366581351

Excerpt from Virginia Reports, Jefferson-33 Grattan, 1730-1880: Volumes 1, 2, 3 and 4 Leigh Carr, J. TO understand correctly the ln struction given by the circuit court to the jury which tried the issue of devisavit vel non, we must not take it as an abstract proposition, but (as it was given) in connec tion with and as applicable to the case proved in evidence. Thus it was proved, (as is clear to me from the bill of exceptions), that the whole transaction Of signing and attesting the will, took place in the testator's bed-room and that the testator, before the witnesses subscribed, being asked if he acknowledged the will, and wished them to attest it, answered affirmatively. These facts enter in to the instruction of the court as if it had been said to the jury. In such a case as this, where the whole transaction took place in one room, and the testator acknowledged the will, and desired the wit nesses to attest it, if you believe that his mind was sufliciently sound to know the necessity of the precautions prescribed by the act, and he could have had himself turned in bed so as to see the witnesses, or have had them move so that he could have seen them. And he did neither, still it was an attestation in his presence. And this instruction, I strongly incline to think was correct. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.