Succession of Young

(Merrick, C. J., absent.) Betsy Toung died in 1854, leaving two nuncupative wills by public act, one executed on the 17ih of August, 1850, the other on the 12th August, 1854. This controversy concerns the validity of the latter testament.

It was decreed to be null by the District Judge, because he was satisfied that two of the attesting witnesses were not present when the will was dictated to the Recorder by the testatrix.

The instrument itself, which appears to be in due form, declares in the most explicit manner that they were present.

But these witnesses have been called to testify on this…