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1 U.S. 96

Hight v. Wilson

Supreme Court of the United States

Decided September 1, 1784

Supreme Court of the United States · decided 1784-09

THIS was a seigned issue to try the validity of a will, against the probate of which, a caveat had been entered in the Register’s Office. The plea was insanity in the testator; and evidence was given of habitual drunkenness, old age, weakness of body, shortness of memory, and a few incoherent expressions. The jury however, in a very short time, gave a verdict for the plaintiff in the issue, who was the devisee in the will.

Relies on Eyster v. Young · Fenn v. Read

Decided 1784-09

¶1Execution of will.

¶2A will of real estate need not be under seal; nor suberibed by tbe witnesses to its execution.

¶3A will may be proved by other than the attesting witnesses ; and if proved by them, they need not all be called.

¶4This was a feigned issue to try the validity of a will, against the probate of which, a caveat had been entered in the register’s office. The plea was insanity in the testator; and evidence was given of habitual drunkenness, old age, weakness of body, shortness of memory, and a few incoherent expressions. The jury, however, in a very short time, gave a verdict for the plaintiff in the issue, who was the devisee in the will.

¶5The Chief Justice,

¶6in his charge to the jury, informed them, 1st. That it was not necessary that a will, devising real estate in this commonwealth, should be sealed. 2d. Nor that all the subscribing witnesses should prove the execution. 3d. Nor that the proof of the will should be made by those who subscribed as witnesses.1 4th. Nor that the will should be subscribed by the witnesses, (a)

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