Fowler v. Stagner

Citations

• 55 Tex. 393
• 1881 Tex. LEXIS 132

Syllabus

<p>1. Will— Attesting witness.—Where there are but two subscribing witnesses to a will, one of whom is, by its terms, a devisee under it, such party, by the very act of subscribing it as a witness, avoids the bequest; his competency and credibility as a witness to establish the will is the result of the nullity of the bequest to him.</p> <p>2. Will — Codicil,—A will and codicil, the last providing for executors only, were both signed at the same time by the testator, both being written on the same piece of paper; the witnesses to the will signed the same as such but once, it being the intention to attest the execution of the whole will, including the codicil. Held,</p> <p>(1) The proceedings, being regular in other respects, the codicil was properly executed, and it did not matter on what portion of the will the subscribing witnesses signed their names, if the signatures were affixed after making the codicil, with the purpose to attest the execution of the entire will, including the codicil.</p>