Presbyterian Orphans' Home v. Bowman

A writing which purports to be the last will and testament of Catherine Bowman was offered for probate to the clerk of the Circuit Court of Rockingham County, and was by him accepted. From his judgment an appeal was taken to the circuit court of that county, which was of opinion that its execution was fatally defective in that it was not signed as provided for by statute.

That statute, Code, sec. 5229, reads: “No will shall be valid unless it be in writing and signed by the testator, or by some other person in his presence and by his direction, in such manner as to make it manifest that the…