Tyler v. Nelson

Chief Justice Marsh all

delivered the opinion of the Court.

In this action of debt against the administrator of L. Combs, upon a note purporting to be signed by his name and mark, and attested by a subscribing witness, the administrator pleaded that the note w.as not the act and deed of Combs. To sustain his side of the issue on this plea, the administrator offered as a witness, among others, Mrs. Polly Combs, the widow of L. Combs, to whom he had by his will devised the whole of his estate during her life, after which it was to go to her children; to the exclusion of his children by a former…