Index to Ninth Volume.

taken to import "an indefinite failure of issue." McLeod vs. Dell, 427. 9. Neither land nor slaves will pass in this State by nuncupative will.

10. The 51st section of the act of 1828, on the subject of last wills and testaments, is to be taken to be restrictive in its operation, and intended to confine the testamentary disposition of both land and slaves, to wills in writing.

11. Where a testator by nuncupative will gives to his executor all of his estate, both real and personal, in trust,for the payment of debts, and the balance to be distributed to certain named legatees, if the devise and bequest of the land and slaves should fail, he will hold such of the chattel interests as do pass by the will subject to the payment of the debts of the estate, and not as a special legacy. McLeod vs. Dell, 451.

WITNESS

1. Although a witness, incompetent through interest, be improperly permitted to testify at the trial, yet, if it appear from the record that the testimony of the witness is so abundantly corroborated and sustained by the testimony of other witnesses as to make it improbable that the jury were misled by the testimony of such witness, so as to cause them to make a finding which they would not otherwise have made, the verdict will not for that cause be disturbed. Bridier vs. Yulee, 481.