Nolan v. Gardner

McFarland, J.,

delivered tbe opinion of tbe Court.

This was an issue of devisavit vel non in tbe Circuit Court of Cheatham county, to try the validity of the nuncupative will of Elizabeth Bobe, deceased, disposing of personal estate. The verdict was against the will, a new trial refused, and judgment rendered upon the verdict, from which an appeal in error has been prosecuted. The bill of exceptions shows that the supposed will was made on the 24th of March, 1866, when, in the language of the witnesses, the testatrix was in her last sickness; but that she did not die until the 2d of April, some…