In re Proving the Last Will & Testament of Miller

Whitbeck, S.

This matter comes on for decision as to whether the proofs and circumstances offered are sufficient to entitle an alleged nuncupative will of the decedent to be admitted to probate. In approaching the matter I have given some examination of the origin and meaning of such wills in the body of the law. It appears that it originated so far as can be determined in the Roman civil law. and as such was- in fact an oral will declared by the testator before witnesses and afterwards reduced to writing from their testimony; such a will was supposed to have been made in extremis or under…