The American Decisions: Cases of General Value And Authority ..., volume 87

Cover The American Decisions: Cases of General Value And Authority ..., volume 87
The American Decisions: Cases of General Value And Authority ..., volume 87
John Proffatt, Abraham Clark Freeman, Lawyers Co-Operative Publishing Company
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Burford, 3 Id. 78; Hoysradt V. Kingman, 22 N. Y. 372. The statute of Illinois under which the case of Vaughan v. Vaughan, 13 Am. Law Reg. 735, arose, had a similar omission, and only required the will to be ''at- tested in the presence of the testator by two or more credible witnesses": Comp. Stats, of 111. of 1856, c. 110, sec. 1. And these decisions were but of single judges in county courts of probate The case otMiUer v. McNeiU, 35 Pa. St. 217 [78 Am. Dec.
333], to which the appellee has ref
...erred, arose under the Penn- sylvania statute of 1833, providing that "every will shaU b# Digitized by Google Oct 1865.] Chase v. Kittbedge. 697 in writing, and unless the person making the same shaU be prevented by the extremity of his last sickness, shall be signed by him at the end thereof or by some person in his presence and by his express direction, and in all cases shall be proved by the oaths or affirmation of two competent witnesses.'' By that statute, as by the previous law of Pennsylvania from very early times, the witnesses need not subscribe at all, even to a will of real estate: Eight Y.Wihon, 1 DaU.

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