Tilton v. Daniels
Supreme Court of New Hampshire
Probate Appeal, from the allowance of the will of Thomas H. Daniels. The document was signed: “Thomas H. Daniels. Witnesses Wilmer C. Cox ' Amos Blake. Signed before me, John It. Connor, Just, of Peace.”
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Probate Appeal, from the allowance of the will of Thomas H. Daniels. The document was signed: “Thomas H. Daniels. Witnesses Wilmer C. Cox ' Amos Blake. Signed before me, John It. Connor, Just, of Peace.” Connor testified that he wrote the will, that after Daniels, Cox and Blake had signed, Daniels requested him to administer an oath to the correctness of the signatures, that thereafter they all acknowledged their signatures, that he swore them to the fact and appended the above certificate to the will, that he understood he was asked to sign simply as a justice of the peace, and that he was…
1Opinion of the CourtPeaslee, J.
The contestant bases his claim to have the will disallowed upon the proposition that Connor did not sign as a witness. No other objection is suggested, and unless this is well taken the exception to the ruling directing a verdict for him must be sustained.
In order that a will be duly authenticated two things are required. It must be both “attested and subscribed.” P. S., c. 186, s. 2. Attestation “consists in the witnesses seeing that those things exist and are done which the statute requires.” Nunn v. Ehlert, 218 Mass. 471, 475. “Attestation is the act of the senses, subscription is the act…
2Cases cited7 opinions
- Will of Hull v. HullSupreme Court of Iowa · 1902
- Keely v. MooreSupreme Court of the United States · 1904
- Nunn v. EhlertMassachusetts Supreme Judicial Court · 1914
- Bolton v. BoltonMississippi Supreme Court · 1914
- Murray v. MurphyMississippi Supreme Court · 1860
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3Cited by15 opinions
- German Evangelical Bethel Church of Concordia v. ReithSupreme Court of Missouri · 1931
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- Caesar v. BurgessCourt of Appeals for the Tenth Circuit · 1939
- Van Meter v. Van MeterCourt of Appeals of Maryland · 1944
- Wood v. DavisSupreme Court of Georgia · 1926
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