Simrell'S Estate

Citations

• 154 Pa. 604
• 26 A. 599
• 1893 Pa. LEXIS 942

Syllabus

<p>Will — Probate—Witnesses—Erasures.</p> <p>Proof of execution of a will must be made by two witnesses, each of ■whom must separately depose as to all facts necessary to complete the chain of evidence, so that no link of it may depend upon the credibility of one.</p> <p>After a will was executed and attested, the daughter of testatrix made some material erasures in it. The daughter testified that she herself proposed the erasures, but that her mother desired them. The subscribing witnesses testified that the will did not have the erasures in it when they attested it. There was no republication or re-execution of the will after the erasures were made, and the daughter was the only witness who testified to the fact that the erasures were made by authority of testatrix. Held, that the statutory proof was lacking, and the will with the erasures in it could not stand as the will of testatrix, but that the will in its original state, without the erasures, was the valid will of testatrix.</p>