Broach v. Sing
57 Miss. 115
Miss.1879Check Treatmentdelivered the opinion of the court.
A demurrer to the evidence on the trial of an issue devisavit. vel non is admissible. The question propounded to the witness was a leading one, and was properly rejected. The evidence was wholly insufficient to establish the alleged nun-cupative will. The rogatio testium required by law was not proved. There is no satisfactory evidence of the animus testandi.
Decree affirmed.