Smith v. Salter

This was a case in which a nuncupative will was admitted to probate. The record presents the two questions dealt with in the headnotes.

1. It appears from the testimony that the testatrix, Sallie Koberson, died on the 31st day of December, 1900, and that about sunset on that day, being exceedingly ill and conscious of her condition, she made an oral will in the presence of three witnesses. According to one of these, “she died an hour or two afterwards.” The other witnesses testified that she lived from four to five hours after pronouncing her will. There was also testimony to the effect that…