 | Law reports, digests, etc - 1894 - 1228 pages
...in the Issue which the court, under the statute, is required to frame and submit to the jury, 1. e. "whether the writing produced be the will of the testator or not," which issue must be tried by a jury. The court had no right to withdraw any part of that issue from... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1897 - 1044 pages
...originally executed. In Wolf v. Bollinger, 62 111. 368, this court said: "The power to try and determine whether the writing produced be the will of the testator or not includes the power to adjudge upon the validity of any part of the instrument, as well as the whole.... | |
 | Frank Sumner Rice, William Lawrence Clark - Law reports, digests, etc - 1898 - 792 pages
...originally executed. In Wolfv. Bollinger (62 111. 368), this court said: "The power to try and determine whether the writing produced be the will of the testator or not includes the power to adjudge upon the validity of any part of the instrument, as well as the whole.... | |
 | Law reports, digests, etc - 1899 - 922 pages
...afterwards, appear, and by his bill in chancery contest the validity of the will, an issue shall be made up whether the writing produced be the will of the testator or not, which shall be tried by a jury, whose verdict shall be f) nal between the parties, saving to the court... | |
 | Iowa - Law - 1900 - 652 pages
...her bill in chancery, ^ contested, contest the validity of the same, an issue at law shall be made up whether the writing produced be the will of the testator or testatrix, or not, which shall be tried by a jury in the district court of the county wherein such... | |
 | Iowa - Session laws - 1900 - 656 pages
...or her bill in chancery, hecontest-edcontest the validity of the same, an issue at law shall be made up whether the writing produced be the will of the testator or testatrix, or not, which shall be tried by a jury in the district court of the county wherein such... | |
 | William Patterson Borland - Executors and administrators - 1910 - 340 pages
...isso Barnard v. Bateman, 76 Mo. 414; Watson v. Alderson, 146 Mo. 333. Wills— 8 sue shall be made up, whether the writing produced be the will of the testator or not, which shall be tried by a jury, or If neither party require a Jury, by the court.s 1 The mode of contesting... | |
 | Law reports, digests, etc - 1912 - 1172 pages
...validity of the will or pray to have the will proved which has been rejected an issue shall be made up whether the writing produced be the will of the testator or not which shall be tried by a jury, or if neither party require a jury, by the court. "Section 32. The... | |
 | Law reports, digests, etc - 1912 - 970 pages
...the truth of the facts stated In the petition as the grounds of avoiding the will. A general issue, "whether the writing produced be the will of the testator or not," is unnecessary, If not Improper. —Payne v. Banks, 32 M. 292. (1898). Where the probate of a will... | |
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... whether the writing produced be the will of the testator or testatrix or not... 
