Welch v. Welch
Court of Appeals of South Carolina
BEFORE O'NEALL, J., AT DARLINGTON, FALL TERM, 1855. The report of his Honor, the presiding Judge, is as follows : “ This was an appeal from the decision of the Ordinary on the probate in solemn form of law, of the will of Henry Welch, deceased. “ The appellants are the executor, devisees and legatees: the appellee is the testator’s only lineal descendant — his grandson. The paper propounded bears date five years before testator’s death.
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BEFORE O'NEALL, J., AT DARLINGTON, FALL TERM, 1855. The report of his Honor, the presiding Judge, is as follows : “ This was an appeal from the decision of the Ordinary on the probate in solemn form of law, of the will of Henry Welch, deceased. “ The appellants are the executor, devisees and legatees: the appellee is the testator’s only lineal descendant — his grandson. The paper propounded bears date five years before testator’s death. It was written by John S. Huggins, the executor, and, with the appellee, a residuary legatee. “ It is unnecessary to report the volume of evidence given in…
1Opinion of the Court
The opinion of the Court was delivered by
Whitner, J.
The prominent question in this ease is whether the paper propounded as a will was duly executed. The appellants point in their second ground of appeal to the alleged *136defect in the proof, the failure of one of the subscribing witnesses to prove the signature of the alleged testator or his acknowledgment, and in their first and third grounds suggest the legal propositions on which they rest their motion that the requirements of the Statute are satisfied with nothing less than the independent and separate proof by each attesting witness of…
2Cases cited4 opinions
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- Harter v. SeamanIndiana Supreme Court · 1832