Dean v Russel
| Jurisdiction | England & Wales |
| Judgment Date | 14 July 1820 |
| Date | 14 July 1820 |
| Court | Ecclesiastical Court |
English Reports Citation: 161 E.R. 1342
IN THE ECCLESIASTICAL COURTS AT DOCTORS' COMMONS AND IN THE HIGH COURT OF DELEGATES.
[334] dean . russel Prerogative Court, Trinity Term, July 14th, 1820.-The wife of an executor an incompetent witness in a cause touching the validity of the will under which her husband is executor. An application for the payment of costs out of the estate of the testator refused. In this cause the wife of one of the executors of a will which was contested was produced and examined as a witness. The executor had no legacy. At the hearing of the cause the evidence of this witness was objected to, and the Court sustained the objection. In the same case upon an application for the costs to be paid out of the estate of the testator- Per Curiam. It is only under special circumstances that the Court directs costs to be paid out of the...
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