David Josiah Brewer

“ That acute pneumonia, especially in one of his age, would ordinarily cloud the intellect for hours before death, would be irrelevant to the question of his mental condition that morning, unless it was shown that he was suffering from such disease, and that does not appear. ”

“ Neither his attending physician, the notary, the executor, nor Lucas were called as witnesses, although all were present that morning. Evidently the caveators were content to rest their case in this respect upon the evidence of the pastor. Seven physicians were called, who, upon a hypothetical question, substantially concurred that it was contrary to their experience and reading that a man seventy-three years of age, dying of acute pneumonia, should have testamentary capacity between three and four hours before death. ”

“ In that case notice of a tax sale was required 'by advertising once a week, in some newspaper printed in the city of Washington, for three months,' and it was held that this did not require a publication on the same day in each week, the court saying (p. 361, L. ed. p. 886) :
'A week is a definite period of time, commencing on Sunday and ending on Saturday. ”

“ The caveators appeared and without seeking further time, for the purpose of securing additional testimony or preparing for the hearing, went to trial on the issues submitted to the jury. They at least cannot claim to be prejudiced by any defect in the notice. ”