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University of Michigan Law School

Witnesses

Estates and Trusts

Publication Year

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Wills-Publication Of Will And Acknowledgment Of Signature, Robert W. Shadd Apr 1949

Wills-Publication Of Will And Acknowledgment Of Signature, Robert W. Shadd

Michigan Law Review

Testatrix telephoned two friends, asking them to come to her home and witness her will. When they arrived, the document was lying on a table in testatrix' presence, and she declared, "Here is the pen, sign it." Both witnesses were positive testatrix did not sign in their presence. The evidence, while not conclusive, also tended to show that neither witness saw the signature, testatrix having signed on page seven while the document was opened to the attestation clause on page eight. The superior court admitted the will to probate over appellant's objection that testatrix had failed to meet the statutory …


Wills - Attestation - Order Of Signing In Execution Of Wills, James W. Mehaffy Feb 1938

Wills - Attestation - Order Of Signing In Execution Of Wills, James W. Mehaffy

Michigan Law Review

Testator procured A and B to witness his will. Both signed in the blank spaces provided for that purpose, but the testator had not yet signed. Four days later testator again brought the will to A and B, stating that he wished to sign it in their presence. Both witnesses recognized the paper as the one to which they had previously affixed their signatures, and recognized their signatures thereon. Testator signed in their presence, and nothing further was done. Held, the will was validly executed. Bloechle v. Davis, 132 Ohio St. 415, 8 N. E. (2d) 247 …