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110 S.C. 556

96 S.E 991

Pigler v. Pigler

Supreme Court of South Carolina

Decided July 23, 1918

Supreme Court of South Carolina · decided 1918-07-23

Before SeasE, J., Spartanburg, - term, -. Action by J. W. S. Pigler, as executor of the will of W. H. Pigler, deceased, against G. W. Pigler and others. Erorn 'an adverse judgment, plaintiff appeals.

Relies on Ex Parte McKie

Affirmed · Decided 1918-07-23

¶1 The opinion of the Court was delivered by

Mr. Justice Gage.

¶2 This appeal is from a judgment entered upon a j'ury’s verdict, whereby the jury found against a paper proposed as the will of W. H. Pigler. The verdict was: (1) That the *557 paper propounded was not the will of Pigler; (2) that the paper was not signed in the presence of three witnesses; and (3) that the testator did not have mental capacity to make a will.

¶3 There are three exceptions, two of them to the competency of testimony of G. W. Pigler, and one to the charge of the Court. A brief of the testimony is not printed in the case, and we, therefore, have no way to judge of its competency. Only a short section of the charge is printed; but that much of it is in accord with our decisions. See Ex parte McKie, 107 S. C. 72, 91 S. E. 978.

¶4 The judgment is affirmed.

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