Forms of Instructions to Juries And Judgment Entries Covering Civil And Criminal
Forms of Instructions to Juries And Judgment Entries Covering Civil And Criminal
Edgar B Edgar Benton Kinkead
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6 8 0. 173; 8 Neb. 507 ; 10 Cusli. 267 WILLS. No. 641. Contest of will — Who may make a will. — Under the law of Ohio any person of full age and sound mind and memory, and not under any restraint, having any prop- erty, personal or real, or any interest therein, may give and bequeath the same to any person by last will and testament, lawfully executed. 1 The law further requires that the will in controversy being a written one, shall be signed at the end thereof by the said (testator), or by so...me other person in his presence by his express direction, and shall be attested and subscribed in the presence of said (testator), by two or more competent wit- nesses, who saw the said (testator) subscribe or heard him acknowledge the same. 2 1 R. S. , Sec. 5914. 2 Cyrus Newby, Judge, in Graham v. Graham, Highland County Com- mon Pleas. R. S. , Sec. 5916; Whittaker's Probate Code, Sec. 5916, with notes, p. 182-183. No. 642. Same continued — Requirements of a valid will. — In order that it may be his last will and testament, he must have been of full age, that is, at least twenty-one years of age, at the time of executing it, of sound mind and memory, and not under any restraint, and have property, real or per- sonal, or some interest therein.
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