Therefore, from the course of business, necessity, and other
reasons of expedience, _numberless exceptions_ are allowed to the
_general_ rule."[61]
These being the principles of the latter jurisprudence, the Judges have
suffered no positive rule of evidence to counteract those principles.
They have even suffered subscribing witnesses to a will which recites
the soundness of mind in the testator to be examined to prove his
insanity, and then the court received evidence to overturn that
testimony and to destroy the credit of those witnesses. They were five
in number, who attested to a will and codicil. They were admitted to
annul the will they had themselves attested. Objections were taken to
the competency of one of the witnesses in support of the will against
its subscribing witnesses: 1st, That the witness was an executor in
trust, and so liable to actions; 2dly, As having acted under the trust,
whereby, if the will were set aside, he would be liable to answer for
damages incurred by the sale of the deceased's chambers to a Mr.
Frederick. Mr. Frederick offered to submit to a rule to release, for the
sake of public justice. Those who maintained the objection cited
Siderfin, a reporter of much authority, 51, 115, and 1st Keble, 134.
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