affirming bis own decision at Williams-burg, Spring Term, 1859.
Wardlaw, Withers, Whitner, and Munro, JJ., concurring.
Trespass .to try Title — Exemplification— Will — Notice.
In trespass to try title, the plaintiff offered in evidence, an exemplification of the will of H. W., under a notice that he would offer a copy of “ H. W.’s will, dated 10th April, 1775 —Held, that the notice was too general in its terms to admit the exemplification in evidence under the Act of 1823, 6 Stat. 309.
A notice under the Act should furnish such indicia as will direct the inquiries of the opposite party — not only the name of the testator and date of the will, but the office where it was admitted to probate, should be mentioned.
Earllee, for appellant.
Pargan, contra.
affirming bis own decision at Williams-burg, Spring Term, 1859.
Wardlaw, Withers, Whitner, and Munro, JJ., concurring.
12 Rich. 307
46 S.C.L. 307
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