Witnesses to
wills; when
legal, and
whennot. |
76 WILLS and TESTAMENTS.
A witness, who has been paid his legacy, or
released it, or refused it on tender thereof, shall
be admitted, and the witness in case of tender,
and refusal, shall be for ever barred; and if
paid, shall not refund, tho' the will should be
determined to be void.
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If the witness die before the testator, or before
he shall have received, or released his legacy,
or refused it on tender, he shall be a good
witness. Provided that the credit of every such
witness, in any of the above cases, and all circumstances
relating to the same, shall be subject
to the consideration and determination of the
court, and jury, or of a court of equity.
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* 25 Geo. 2,
ch. 6. |
No witness barred of his legacy, &c. as aforesaid,
shall, after his examination, receive
any benefit therefrom; provided that his act *
shall not extend to an heir at law, or devisee in
a prior will, executed according to the 29 Car.
2, or any claiming under them, who has been
in quiet possession for the space of two years,
next preceding the 6th May 1751, as to such
lands whereof he hath been so in quiet possession,
nor to any will, or codicil, contested in
any suit at law, or in equity by the heir of the
devisor, or the devisee in any such prior will,
or codicil, for recovering the lands, &c. mentioned |
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