The court considerd the requirements for the proper execution of a will: ‘The statute says that the witness shall attest, and shall subscribe the will; which must mean that he shall put his name to the will as attesting to the fact that he saw the testator sign it; that is, he must put his name as witness’.
Judges:
Lord Penzance
Citations:
(1871) LR 2 PandD 300
Jurisdiction:
England and Wales
Cited by:
Cited – Sherrington v Sherrington CA 22-Mar-2005
The deceased, a solicitor of long standing, was said to have signed his will without having read it, and had two witnesses sign the document without them knowing what they were attesting. He had remarried, and the will was challenged by his . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 30 April 2022; Ref: scu.223792