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" ... 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. "
Reports of Cases Argued and Determined in the Supreme Court of Appeals of ... - Page 85
by Virginia. Supreme Court of Appeals, William Waller Hening, William Munford - 1808
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The Statutes at Large: Being a Collection of All the Laws of Virginia, from ...

William Waller Hening - Law - 1823 - 842 pages
...contested. 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 final between the parties; saving to the court...
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The Statutes at Large: Being a Collection of All the Laws of Virginia, from ...

Virginia, William Waller Hening - Law - 1823 - 840 pages
...cHnteited. 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 final between the parlies; saving to the court...
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The Statutes of Oregon: Enacted, and Continued in Force, by the Legislative ...

Oregon - Law - 1855 - 670 pages
...validity of the will, or pray to have the will proven 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. SEC. 32. The verdict...
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Senate Documents, Otherwise Publ. as Public Documents and ..., Volume 11

United States. Congress. Senate - United States - 1856 - 886 pages
...appended thereto. will, or pray to have a 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.* SEC. 30. The verdict...
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Cases Decided in the Supreme Court of Ohio: Upon the Circuit at ..., Volume 8

Ohio. Supreme Court - Law reports, digests, etc - 1872 - 598 pages
...probate, "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 final between the parties, saving to the court...
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Compiled Laws of the Cherokee Nation

Cherokee Nation, Oklahoma, Cherokee Nation, John Lynch Adair - Cherokee Indians - 1881 - 388 pages
...satisfactory to the judge ; and the O issue shall be made up and tried as other issues to determine whether the writing produced be the will of the testator or not, and the verdict of the court shall be final between the parties to the issue ; but if no person shall...
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The American State Reports: Containing the Cases of General Value ..., Volume 23

Abraham Clark Freeman - Law reports, digests, etc - 1892 - 1030 pages
...validity of the will, or pray to have a will proved which has been rejected, an issue shall be made up, whether the writing produced be the will of the testator or not. From these provisions of the statute, it is plain to be seen that the only issue to be tried is, whether...
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The Southwestern Reporter, Volume 25

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...
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Probate Reports Annotated: Containing Recent Cases of General ..., Volume 2

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....
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Lawyers' Reports Annotated, Book 44

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...
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