Baldwin v. Baldwin's

Citations

• 81 Va. 405
• 1886 Va. LEXIS 107

Syllabus

<p>1. Wills—Execution—Presence—Case at bar.—Entering room of testatrix, her friend, S., said to her: “ These gentlemen, F. and R., have come to witness the will.” She bowed her head in assent. The will was read to her by F. in an audible voice; and on being asked if she understood it, she signified her assent as before. She then signed the will in a legible manner, her arm being held to steady it, but the pen not being touched. She was then laid back in a recumbent posture as before, and the witnesses, F. and R., subscribed the will at a table in the little room near the foot of the bed in her presence, both being present together. She was so lying that she was obliged to see them, unless she shut her eyes or turned her head away.</p> <p>Held :</p> <p>Such will was duly executed as required by statute.</p> <p>2. Idem—Presence of testator.—What is such presence? In company with—in the same room with—within the view of the testator, coupled with consciousness on his part of such proximity. Neil v. Neil, 1 Leigh, 11; Nock v. Nock, 10 Gratt. 119; Cheatham v. Hatcher, 30 Gratt. 56.</p>