Carson v. Mills

Citations

• 78 Okla. 214

Syllabus

<p>(Syllabus by the Court)</p> <p>1. Wills — Contest—Review—Evidence.</p> <p>The judgment of the trial court in probating a will and the findings upon 'the issues presented by the contestant will not be disturbed unless clearly against the weight of the evidence.</p> <p>2. Wills — Execution—Attestation—Evidence</p> <p>Failure of the attesting witnesses to a will to state in the attes'tative clause that testatrix subscribed her name in their presence is not fatal to the validity 'Of the will, and competent evidence may be introduced on the probate of the will to show the will was executed and attested as required by law, and subscribed by testatrix in the presence of such witnesses.</p> <p>3. Same — Signature of Attesting Witness— Necessity.</p> <p>Failure of the person who signed the name of the testatrix at her request to affix his own signature as an attesting witness, as required by section 8349, Rev. Laws 1910, does not invalidate the will.</p> <p>4. Wills — Contest—Judgment—Sufficiency of Evidence.</p> <p>Record examined, and held, the judgment of the trial court is not clearly against the weight of the evidence.</p> <p>5. Same — Appeal—Issues not Presented Below — Review.</p> <p>When a contestant, seeking to have a will declared invalid, urges for the first time on appeal that said will does not revoke an alleged prior will, this court will not consider the question, such issue not having been presented to the trial court.</p>