Bellamy v. HawKins

The CiiieF Justice

delivered the opinion of the court.

The first error assigned is in refusing to permit the plaintiff to show by his own testimony that he was “at all times willing, anxious and ready” to perform any duties pertaining to his executorship of the estate.

The plaintiff testifying as a witness in his own behalf, was asked by his counsel to “state whether or not he was at all times willing, ready and anxious to perform any service or duties pertaining to said estate.” The defendant’s counsel objected to this question, and claimed that the witness should be required to state acts and…