Ex parte Brock

Citations

• 37 S.C. 348
• 16 S.E. 38
• 1892 S.C. LEXIS 26

Syllabus

<p>1. Will ok No Will—Evidence—Reply.—On the issue of will or no will in the Court of Common Pleas on appeal from the Court of Probate, which had admitted the will to probate, the parties propounding the will were held entitled to the reply in argument, because the contestants had put a diagram in evidence, and by the express words of the statute. Gen. Stat., I 1872.</p> <p>2. Execution oe Will—Presumptions.—Where a paper propounded as a will is shown to have been signed by the alleged testator and by the requisite number of subscribing witnesses, the presumption is, in the absence of any satisfactory evidenoe to the contrary, that all the other formalities have been complied with.</p> <p>3. Change oe Law—Existing Wills—Quere.—.Where a testator died after 1882, leaving of force his will executed prior to the amendment of the law in 1882 (Gen. Stat., § 1854), requiring the three attesting witnesses to a will to sign in the presence of each other, by which law will the case be governed ?</p> <p>4. Refusal oe New Trial on questions of fact in a case like this cannot be reviewed on appeal.</p>