General
Evans's Heirs v. Evans's Executors and Legatees
2 D.C. 2402 Cranch 240·United States Circuit Court of the District of Columbia·1821
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Opinion
Evans’s Heirs v. Evans’s Executors and Legatees.
When an issue is sent from the Orphans’ Court to he tried in this court, and is aecom panied by the libel and answer, they may be read in evidence, upon the trial of the issue.
This was an issue sent from the Orphans’ Court, whether the testator was compos mentis.
The respondents offered to read the libel and answer, as evidence upon the trial of the issue.
The Judge of the Orphans’.Court, in ordering the issue, had directed the libel and answer to be sent to this court.
Mr. Jones and Mr. Ashton, for the libellant. Mr. Siuann and Mr. Key, for the respondents.
[MAJORITY — The Court]
The Court
(nem. con.) considered that circumstance as tantamount to an order by the chancellor, in an issue sent from chancery, that the bill and answer should be read in evidence, and admitted the libel and answer to be read to the jury.