Fuqua v. Dawson

This action was brought by the plaintiff claiming to be nearest of kin and sole heir of his deceased niece, Mrs. Sarah Montgomery, to obtain recognition of his heirship and possession of the estate.

It has been admitted by the counsel of the defendants that the nuncupative will under private signature, in virtue of which the defendants claim the property, is null and void. It was passed in the presence of but three witnesses, when a greater number might easily have been called in. C. C. 1576, 1588.

The verdict of the jury for defendants was rnanifestlj' erroneous.

*83It is therefore ordered that…