Hight v. Wilson

by Supreme Court of the United States

Hight versus Wilson.

T

HIS was a feigned issue to try the validity of a will, against the probate of which, a caveat had been entered in the Register's Office. The plea was insanity in the testator; and evidence was given of habitual drunkenness, old age, weakness of body, shortness of memory, and a few incoherent expressions. The jury however, in a very short time, gave a verdict for the plaintiff in the ssue, who was the devisee in the will.

The Chief Justice, in his charge to the jury, informed them, 1st. That it was not necessary that a will, devising real estate in this Commonwealth, should be sealed. 2d. Nor that all the subscribing witnesses should prove the execution. 3d. Nor that the proof of the will should be made by those who subscribed as witnesses. 4th. Nor that the will should be subscribed by the witnesses.^[†]