Ambre v. Weishaar

Citations

• 74 Ill. 109

Syllabus

<p>1. Will — attestation — what is, in the presence of the testator. If the witnesses to a will, while signing their names thereto, as such witnesses are in such a place that the testator can see them if he chooses, they are to be regarded as in his presence, within the meaning of the statute ; and it is not necessary that they shall be in the same room with the testator, or that he shall actually see them sign.</p> <p>2. Where a will was drawn and witnesses sent for at the request of a testator, and after signing by him at his request, the witnesses went from the bedroom where he was, into a dining-room to attest the same, on account of the want of conveniences for doing so in the bedroom, and he knew that the attestation was going on in the dining-room, and approved it, and from the position he occupied in the bed could have seen the witnesses while signing: Held, that the will was attested in the presence of the testator.</p>