Tims v. Tims

Citations

• 22 Ohio C.C. Dec. 506

Syllabus

<p>EVIDENCE — WILLS.</p> <p>1. Validity or Will upon Contest Sustained only When Executed Pursuant to Statute.</p> <p>Upon a contest of a will, its validity will be sustained only when it appears that such will was executed in accordance with the provisions of Rev. Stat. 5916 (Gen. Code 10505).</p> <p>2. Testator Required to Both Subscribe and Acknowledge Will in Presence or Subscribing Witnesses.</p> <p>The provisions of R. S. 5916 (Gen. Code 10505) require that the testator shall not only subscribe but acknowledge the will as his will, in the presence of two subscribing witnesses.</p> <p>3. Failure op Testator to Declare Paper Writing His Will to Subscribing Witness not Present at Writing Invalidates Will.</p> <p>T signed what purported to be his will and the same was signed by the scrivener thereof and a son of said testator as witnesses thereto, but the latter was not present when said paper writing was written, nor did said testator make known to him that said paper writing was his will. Held, that said paper writing was not subscribed and acknowledged as contemplated by the provisions of said R. S. 5916 (Gen. Code 10505), and the same is not therefore a valid will.</p> <p>4. Exclusion op Testimony op Contradictory Statements op Subscribing Witness as to His Knowledge of Instrument Signed, Erroneous.</p> <p>Where testimony is offered on the trial by the contestants of an alleged will tending to show that one of the witnesses thereto made contradictory statements at different times touching his knowledge that the paper writing signed by him as such witness was subscribed and acknowledged as testator’s will, it is error upon tile part of the trial court to exclude such testimony.</p> <p>[Syllabus by the court.] ■</p>