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WILLS and TESTAMENTS.
71
if he doth not renounce the same within the
forty days limitted.
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By the laws, practice and usage of England,
a testament may be proved, either in common
form, as when the executor presenting the testament
before the judge, without citing the interested,
doth depose the same to be the true,
whole and last will and testament of the deceased,
and whereupon the judge doth annex
his probate and seal thereto--or in form of
law, as when the widow or next of kin to the
deceased are cited to be present, in whose presence
the will is exhibited before the judge,
whereupon witnesses being produced, received,
sworn, examined and their depositions published,
the judge in case of sufficient proof doth
pronounce for the validity of the testament.
Now he that proves but in common form, may
be compelled to prove it any more; but
being proved only in common form, it may
be questioned at any time within thirty years
after, by common opinion, before it works
prescription, which is otherwise in case it be
proved in form of law, or per testes. Godol.
62.
E 4
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