Prove
Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879
Dictionary of Terms and Phrases Used in American or English Jurisprudence
1.
To establish by evidence.
2.
To establish a debt due from an insolvent estate, and to receive a dividend thereon. To prove a debt differs, on the one hand, from receiving the fuU benefit thereof, as may be allowed where a debtor of a bankrupt is allowed to set off a counterclaim of his own, or an execution creditor is allowed the benefit of the judgment; and, on the other hand, from being deprived of all benefit thereof.
3.
To submit a will with testimony of witnesses as to execution, to a court of probate jurisdiction, and obtain its approval of the sufficiency of the instrument, and its authority to carry the dispositions into effect. To prove a will in chancery is a proceeding allowed where lands are devised by will away from the heir; and the devisee, in order to perpetuate the testimony of the witnesses to such will, exhibits a bill in chancery against the heir, and sets forth the will verbatim therein, suggesting that parties proceed to issue as in other cases, and examine the witnesses to the will; after which the cause is at an end, without proceeding to any decree, no relief being prayed by the bill; but the heir is entitled to his costs, even though he contests the will.
3 Bl. Com. 450.