D. Martz's Ex'or v. D. Martz's Heirs
Supreme Court of Virginia
This was a motion in the Circuit court of Rockingham county by Jackson Martz, the nominated executor, for the probate of the will of Dorilas Martz, deceased. The heirs of Dorilas Martz were summoned, and appeared and opposed the probate.
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This was a motion in the Circuit court of Rockingham county by Jackson Martz, the nominated executor, for the probate of the will of Dorilas Martz, deceased. The heirs of Dorilas Martz were summoned, and appeared and opposed the probate. On the trial of the motion, the pro-pounder of the *paper, after having-offered it in evidence to the jury, proposed to introduce as a witness Mary M. Martz, who was a sister of Dorilas tMartz, and a devisee under the will; but she was objected to, on the ground that she was an incompetent witness to testify in favor of the will; and the court sustained the…
1Opinion of the Court
ANDERSON, J. delivered the opinion of the court. ■
This is a case of probate. The first question I will consider is, did the court err in excluding the testimony of Jackson Martz and Mary M. Martz from the jury on the ground of incompetency. They were both legatees and devisees, and propounders of the will; and the former was the scrivener who wrote it and was named the executor.
Neither of them was incompetent because of interest. Act of March 2d, 1866, first clause of section 1; Code of 1873, p. 1109, ch. 172, ‘i 21. And the former was not incompetent because he was executor. Code of 1873, p.…
2Cited by19 opinions
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