Rogers v. Rogers

On a bill filed by some of the heirs of James Rogers, dee’d. for contesting the validity of a document which had been admitted to record in the Fayette County Court, as his last will, the jury, under the statutory issue devesavit vel non, found that it was his valid will, and a decree was rendered accordingly. That decree is now sought to be reversed on three grounds, which will be considered in the order in which they have been urged in this Court.

1. An application for a continuance on account of the absence of a material witness was overruled by the Circuit Judge, who postponed the trial…