The objection to an instrumentary witness, that he was under age, sustained; and the objector's oath, upon a reference that he truly subscribed, refused.
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This objection was sustained to annul a contract, that one of the two instrumentary witnesses was a few days short of 14 years of age, when he signed witness.
In this case, a petition for the charger, offering to prove by the suspender's oath, that he had truly subscribed the contract, was refused without answers, January 17, 1739.