Dillard v. Dillard

Decided December 15, 1847

Court of Appeals of South Carolina · decided 1847-12-15

Before Mr. Justice' Withers, at Laurens, (Extra Term,) July, 1847. The Presiding Judge. The question was, devisavit vel non. The Ordinary had decreed in favor of the will, and the plaiutiff appealed. The alleged testator was James Dillard, and the plaintiff was the daughter of a deceased son. The defendant was nominated executor in the paper propounded. The alleged will bore date the 6th Feb. 1836.

Decided 1847-12-15

Withers, J.

¶1delivered the opinion of the Court.

¶2The only question which the counsel for the appellant has argued before this Court, is that embraced in the fouith ground of appeal, touching the admissibility of the testimony therein referred to; and that is the only question considered. It is quite unnecessary to multiply words upon a point so fully discussed in the Report from the Circuit: for the con*97siderations therein contained, aided by the cases cited, have ■ led us to the conclusion that the Circuit Judge was right upon the matter in question, and the motion is therefore refused.

Richardson, J. O’Neall, J. Evans, J. Wardlaw, J. and Frost, J. concurred.

¶3Motion dismissed.