Seever v. Seever
Seneca Circuit Court
Motion for a new trial. On the night of the 29th day of January, 1881, Hiram H. Seever was run over and mangled by a train of cars near the B. & O. railroad depot in the city of Tiffin. In his wounded condition he was found lying on the railroad' track, and was at once carried into the depot, where a number of persons — all strangers to him — surrounded him. A physician was then called, who, after making an examination of his wounds, said to Seever: “Your time is short.
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Motion for a new trial. On the night of the 29th day of January, 1881, Hiram H. Seever was run over and mangled by a train of cars near the B. & O. railroad depot in the city of Tiffin. In his wounded condition he was found lying on the railroad' track, and was at once carried into the depot, where a number of persons — all strangers to him — surrounded him. A physician was then called, who, after making an examination of his wounds, said to Seever: “Your time is short. If you have any word to leave you had better say it now.” Seever then uttered these words: “I was to be married next…
1Opinion of the CourtMoore, J.
The sole question to be determined is whether the facts proven constitute a testamentary bequest, under the statute relating to nuncupative wills.
Section 5991, provides, “A verbal will, made in the last sickness, shall be valid in respect to personal estate, if reduced to writing and submitted by two competent disinterested witnesses within ten days after the speaking of the testamentary words, and if it be proved by said witnesses that the testator was of sound mind and memory, and not under any restraint, and called upon some person present, at the time the testamentary words were spoken,…
2Cases cited2 opinions
- Hubbard v. HubbardNew York Supreme Court · 1851
- Burch v. StovallMississippi Supreme Court · 1854