Gourdin v. Staggers 12 Rich. 307, 46 S.C.L. 307

Theodore Gourdin vs. J. M. Staggers.

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.