Henry v. . Ballard

In the progress of this cause it was first objected to the admissibility of the probate of the paper referred to, as a will, upon the ground that the certificate did not state that it was proven to have been attested by two witnesses in presence of testator. The evidence was received without prejudice to the exception. The defendant then offered the two living subscribing witnesses to prove the circumstances which attended the execution of the paper-writing, as are found in the special verdict of the jury. This evidence was objected to, but admitted without prejudice to the plaintiff. The…