
    William Dickson, surviving Executor of John Dickson, deceased, against Joseph Bates.
    
      Columbia,
    
    1802.
    Where all the -witnesses to a ■frill are legatees. and are to take a beneficiary interest under it, none of them can be permitted to prove it, unless a release is given by the legatee who is offered as the ■witness.
    TRESPASS to try titles to land in Pendleton district. Motion to set aside nonsuit.
    This case turned in a great degree upon the will of the testator, °f. Dickson, deceased, but all the witnesses to the execution of it were legatees, and were to take a beneficiary interest under it. In support of the plaintiff’s title, it was urged, that one of the legatees at least ought to be permitted to prove the execution of the will, from the necessity of the case, as without it a manifest injury would be done to the plaintiff in this action. But the presiding judge would not permit either of them to be sworn.
    The defendant, therefore, moved for, and the court ordered, a nonsuit. This was, therefore, a motion to set aside the nonsuit.
   But the Judges refused the motion, observing, that the decision in the circuit court was correct, unless one of the witnesses had released his interest; then he might have been a competent witness, but not otherwise.

Rule to set aside the nonsuit discharged.

All tbe Judges present.  