Legal Opinion

Harrison v. Rowan

U.S. Circuit Court for the District of New Jersey

Decided October 15, 1820PublishedCited by 26 opinions

This was an issue of devisavit vel non, directed, by this court, on its equity side, to try ■whether John Sinnickson did make a valid and legal will, to pass his real estate? During the trial, the following points of evidence were ruled by the court. 1.The plaintiff offered to examine one of the daughters of Mrs. Dick, (now living,) in support of the will.

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This was an issue of devisavit vel non, directed, by this court, on its equity side, to try ■whether John Sinnickson did make a valid and legal will, to pass his real estate? During the trial, the following points of evidence were ruled by the court. 1.The plaintiff offered to examine one of the daughters of Mrs. Dick, (now living,) in support of the will. An objection was made to the competency of the witness, on the ground of interest; it being contended, that she has a contingent estate in certain property comprehended within the following bequests; viz. “If my daughter should have, and…

1Opinion of the CourtWashington, Circuit Justice

(charging jury). This is an issue directed by this court, sitting in equity, to try whether John Sinnickson made a valid will for disposing of his real estate; and this is the question which you are to decide, upon the evidence which has be.en laid before you. The plaintiff holds the affirmative of this question; and all that he has to do, is to satisfy you that this will was executed in due form, according to the laws of this state. This he has done; and no question has been made at the bar upon this point. But the defendant impeaches the validity of the will, upon the following grounds: —…

2Cited by26 opinions

  1. State v. PikeSupreme Court of New Hampshire · 1870
  2. Beaubien v. CicotteMichigan Supreme Court · 1864
  3. Slaughter v. HeathSupreme Court of Georgia · 1907
  4. People Ex Rel. Phelps v. Court of Oyer & TerminerNew York Court of Appeals · 1881
  5. Rush v. FrenchArizona Supreme Court · 1874

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