Supreme Court of Virginia October 17, 1827 (Smith v. Jones)

October 17.

JUDGE CARR

delivered the opinion of the Court.†

This is a contest about the due execution of a Will before the Court of Probate. The Court below decided, that the writing was not executed as a Will of real estate, *604according to the Act of Assembly, and therefore, refused to record the same, as such ; but ordered, that the said writing*be recorded as a Will of personal property.