Morrill v. Morrill
Supreme Court of Vermont
This cause was heard at the February Term, 1880, Orleans County, Red field, Chancellor, on bill, answer, traverse, amended bill, traverse, and testimony. The chancellor stated, and decreed as follows ; The oratrix seeks alternative relief, upon grounds entirely distinct.
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This cause was heard at the February Term, 1880, Orleans County, Red field, Chancellor, on bill, answer, traverse, amended bill, traverse, and testimony. The chancellor stated, and decreed as follows ; The oratrix seeks alternative relief, upon grounds entirely distinct. I think the oratrix might in equity have the benefit of the Bates mortgage, if it was properly executed ; but it seems to me defectively executed ; not entitled to registry; and not constructive notice to attaching creditors. In the somewhat peculiar condition of the case, if the oratrix has relief it would probably require…
1Opinion of the Court
*78The opinion of the court was delivered by
Powers, J.
The ability to testify is the test of competency required of witnesses, called to attest the execution of deeds and other written instruments. If the person called would be an incompetent witness to prove the fact of execution, such person is not a proper attesting witness. And competency to testify must exist at the time of attestation. This has been the well settled rule ever since the decision of Holdfast v. Dowsing, 2 Strange, 1253. That was the case of a will executed in the presence of a witness, incompetent to testify by reason of…
2Cases cited14 opinions
- Hart v. Farmers & Mechanics BankSupreme Court of Vermont · 1860
- Ohio Life Insurance & Trust Co. v. LedyardSupreme Court of Alabama · 1846
- Miller v. Rutland & Washington RailroadSupreme Court of Vermont · 1864
- Day v. AdamsSupreme Court of Vermont · 1869
- Hackett v. CallenderSupreme Court of Vermont · 1859
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3Cited by27 opinions
- In Re Thomas Edward Ryan, Debtor. Peter M. Stern v. Continental Assurance CompanyCourt of Appeals for the First Circuit · 1988
- Ijames v. . GaitherSupreme Court of North Carolina · 1885
- In re Holt's WillSupreme Court of Minnesota · 1893
- Hiatt v. McColleyIndiana Supreme Court · 1908
- Rooker v. BensonIndiana Supreme Court · 1882
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