Gardner v. Harbour

This action is brought by some of the children and forced heirs of Adonijah Harbour, deceased, late an inhabitant of the country, against his other children and forced heirs.

A copy of the will is made a part of the petition, but it is not, in any part of the petition, declared to be void, on account of any informality in its institution, as wanting the requisite number of witnesses. Although the nullity of the testament has been insisted on, by the counsel of the plaintiffs and appellants, in this court, as it does not appear to have been explicitly put in issue, by the pleadings, we cannot…