Estate of Fleishman

Citations

• 1 Coffey 18

Syllabus

<p>Will—Attestation in Presence of Testator.—There must be two attesting witnesses to a will, each of whom must sign Ms name as a witness at the end of the will, at the testator’s request and in his presence. In the presence of the testator means that he must not only be present corporally, but mentally as well, capable of understanding the acts which are taking place before him.</p> <p>A Will is not Attested in the Presence of the Testatrix when the witnesses subscribe their names in an apartment adjoining the room in which she is lying ill, where it is impossible for her to see them, she having previously signed her name while reclining on her bed, not being able to rise therefrom.</p>