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Franks v. Chapman

Citations

  • 64 Tex. 159

Syllabus

<p>1. Will, signatures of witnesses thereto. — The witnesses to a will each wrote his name where it occurred in the body of the will and in the concluding sentence thereof, as follows: “And now, in the presence of H. L. Harrison, G. W. M. Duck, W. M. Smith, who I have requested to act as witnesses, I declare the writing contained in the foregoing ten pages my last will and testament.” (Signed) “ G. W. Chapman.” Held, that the signatures of the witnesses were sufficient.</p> <p>2. Same.— The fact that a county clerk, when called upon by a testator to witness his will, attaches thereto his official certificate of the acknowledgment of the due execution of the will by the testator, does not affect the validity of the clerk’s signature to such will, as a witness.</p>

Judges: Stayton

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