Davis v. Rogers
Superior Court of Delaware
' This was an issue of devisavit vel fion, ordered by the .Register of Wills for New Castle County, to try the validity of the last will and testament of Samuel B. Davis, deceased.
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' This was an issue of devisavit vel fion, ordered by the .Register of Wills for New Castle County, to try the validity of the last will and testament of Samuel B. Davis, deceased. The instrument of writing purporting to be the last will and testament of the deceased, was as follows: I, Samuel B. Davis, of Delamore Place, in the County of New Castle, and State of Delaware, being well in body, and of sound and disposing mind and memory, but advanced in years aud desirous of arranging my worldly affairs, do make and declare this to be my last will and testament in manner and form following:…
1Opinion of the Court
By the Court,
Harrington, Chief Justice:
The propounders of the will are to prove the factum ; and then the reviewers having the burden of attacking it, would have the opening and conclusion. Such has been the uniform practice. But proof of the factum is not necessarily confined to the subscribing witnesses of the instrument, or a will could not be proved at all, if they should ignore their signatures, or impeach the validity of it. Any other witness, however, called for such purpose, must be confined in his evidence to the execution of it merely. To go beyond this in the present instance, at…
2Cases cited8 opinions
- Comstock v. Hadlyme Ecclesiastical SocietySupreme Court of Connecticut · 1830
- Crispell v. DuboisNew York Supreme Court · 1848
- Plotkin v. PlotkinSuperior Court of Delaware · 1924
- McLaughlin v. BahreSuperior Court of Delaware · 1933
- Sears v. DillinghamMassachusetts Supreme Judicial Court · 1815
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