19 Tenn. 95 | Tenn. | 1838
delivered the opinion of the court.
One of the attesting witnesses' to the paper produced in this case for probate as a will, upon the issue of devisavit vel non, resided within the state of Illinois, — and the question is —whether the circuit court erred in receiving evidence of his handwriting? The act of 1789, c 23, requires that all the attesting witnesses, if living, shall be produced upon the trial of such issue, if to be found.
This court, in a case reported in 5 Yerger’s Rep. 307,
McDonald vs. McDonald.