Broach v. Sing ( 1879 )

Campbell, J.,

delivered the opinion of the court.

A demurrer to the evidence on the trial of an issue devisavit. vel non is admissible. The question propounded to the witness was a leading one, and was properly rejected. The evidence was wholly insufficient to establish the alleged nun-cupative will. The rogatio testium required by law was not proved. There is no satisfactory evidence of the animus testandi.

Decree affirmed.