McClure v. Redman

Citations

• 263 Pa. 405
• 107 A. 25
• 1919 Pa. LEXIS 442

Syllabus

<p>Wills — Probate — Execution — Attestation — Handwriting — Opinions of witnesses — Experts—Evidence.</p> <p>' 1. Where the only witness to a paper purporting to be a will, is the subscribing witness, and she 'testifies that she assisted testatrix in making her signature by guiding her hand, and there .are no corroborating circumstances, or testimony of other witnesses as to the facts alleged by the subscribing witness, the testimony of experts is inadmissible to show that, in their opinion, the name signed to the paper was in the handwriting of the testatrix, where it appears that at no time during the trial were any genuine, authenticated specimens of the handwriting of the testatrix established or introduced in evidence.</p> <p>2. In such a ease the opinions of nonexpert witnesses, .are also inadmissible, inasmuch as the signature was made under very abnormal conditions sufficient in themselves to show that the signature, if made by the testatrix, was not in the usual and accustomed handwriting.</p> <p>3. There was nothing in the fact that testatrix required and received assistance in signing her name that would make her will invalid; but the evidence offered to supply the lack of a second witness was insufficient to that end.</p> <p>4. Each of the two witnesses required for the proof of a will must depose to all facts necessary to complete the chain of evidence in order that no link in it may depend on the credibility of one; so that if one witness only was required, the will would be proved, by the testimony of either. When the evidence is circumstantial, each must make proof complete in- itself, so that if the act of assembly were out of the question, the case would be well made out by the evidence of either.</p>