Wharton and Stille's Medical Jurisprudence
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 edition. Excerpt: ...act of attestation, however, solemnly afiirms the sanity of the party executing it, and if he afterwards attempts to impeach its validity, his evidence, though not positively inadmissible, is to be received with most scrupulous jealously, his act detracting largely from its weight, ' especially where he assigns no satisfactory reasons for his opinion.' And wills may be established against the testimony of subscribing witnesses who depose against the testator's capacity, by other evidence,9 evidence as to men 'Cilley v. Cilley, 34 Me. 162; Garriw son v. Garrison, 15 N. J. Eq. 266. And see Foot v. Stanton, 1 Deane 8: S. 19. But an instruction in a will contest that ordinarily those witnesses whose testimony comes nearest to the very time of making the will would be the most valuable if they seemed worthy of credit, and that therefore the testimony of the subscribing witnesses is to be carefully considered and scrutinized, is not objectionable as telling the jury that the testimony of an attesting witncss is entitled to greater weight than that of other witnesses having the same means of knowledge. Foster v. Dickerson, 64 Vt. 233, 24 Atl. 253. 'GtL'in v. Gwin, 6 Idaho, 271, 48 Pac. 295; Re Storey, 20 Ill. App. 183; Stevens v. Leonard, 154 Ind. 67, 77 Am. St. Rep. 446, 56 N. E. 27; Southworth v. Southworth, 173 Mo. 59, 73 S. W. 129; Hoerth v. Zable, 92 Ky. 202, 17 S. W. 360; llclleekin v. Mclleekin, 2 Bush, 79; Howard's Will, 5 T. B. Mon. 199, 17 Am. Dec. 60; Garrison v. Garrison, 15 N. J. Eq. 266; Cook's Estate, 16 Phila. 322; Young v. Barner, 27 Gratt. 96; Lambert v. Cooper, 29 Gratt. 61; Cheatham v. Hatcher, 30 Gratt. 56, 32 Am. Rep. 650; Ward v. Brown (W. Va.) 44 S. E. 488; Harrison v. Rowan, 3 Wash. C. C. 580, Fed. Cas....
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