Some Pertinent Questions.

What is a will? [Footnote:  See Dole’s Talks about Law.] Why must it be in writing?  Must it be in the handwriting of the testator?  Why are the witnesses essential?  Is the form of a will essential?  Is it necessary that the witnesses know the contents of the will?

What is the difference between an heir and a legatee?  May either be witness to the will?  Why?  If the witnesses die before the testator, how can the will be proved?

What is a codicil?  If there be two wills of different dates, which will stand?  What difference does it make whether a person having property makes a will or not?

Group the proceedings in case of a will into three groups.

A minor may have two guardians, one of its person and the other of its property?  Why?  What is to hinder a guardian from abusing his trust?

DISTRICT, CIRCUIT OR SUPERIOR COURTS.

Jurisdiction.—­This court has original jurisdiction in all civil and criminal cases within the district which do not come within the jurisdiction of the justice courts.  It has appellate jurisdiction from probate and justice courts as provided by law.

Procedure.—­The proceedings are substantially the same as in a justice court except that in criminal cases they are based upon an indictment by the grand jury, and after the arguments the judge “charges” the jury, that is, instructs it regarding its duty.

Pleadings.—­The pleadings in the district court are somewhat more elaborate than in a justice court, and a few words in regard to them further than what has already been given may not be out of place here.

The defendant in making his plea may raise a question as to the jurisdiction of the court, or he may ask that the case be thrown out of court on account of some irregularity of the writ upon which it is based.  Since these pleas, if successful, simply delay the trial, because a new suit may afterwards be brought, they are called dilatory pleas.

But he may deny the plaintiff’s ground of action by denying the allegations of the plaintiff and challenging him to trial.  This plea is called the general issue.  He may admit the plaintiff’s allegations but plead other facts “to avoid their effect.”  This is called the plea of confession and avoidance.  These pleas are on the merits of the case, and are called pleas in bar.  There are other pleas of this kind.

“Pleas in bar, except the general issue, may give rise to counter pleas” introduced by the parties alternately.

But the issue may be one of law instead of fact, and the defendant may enter a demurrer, claiming that the matters alleged are not sufficient in law to sustain the action.

Evidence.—­Some of the fundamental principles or rules which govern the taking of evidence and the weighing of testimony may properly appear here.  These rules are designed to exclude all irrelevant matter and to secure the best proof that can be had.