Mosier v. Harmon
Ohio Supreme Court
Error to the District Court of Ashtabula county. The facts are as follows : On the 13th of August, 1851, Rollin H. Harmon executed his last will and testament at Columbus, Ohio. Three witnesses attested its execution, namely — William E. Wheeler, C. L. Eaton, and John Thomas.
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Error to the District Court of Ashtabula county. The facts are as follows : On the 13th of August, 1851, Rollin H. Harmon executed his last will and testament at Columbus, Ohio. Three witnesses attested its execution, namely — William E. Wheeler, C. L. Eaton, and John Thomas. The will was probated and admitted to record in Ashtabula county, Ohio, on the testimony óf John Thomas alone, whose testimony as reduced to writing is in the usual form of an attesting witness, and also as to the .signature of William E. Wheeler, in which he testifies : “that I saw him (Wheeler) sign his name as a…
1Opinion of the CourtGilmore, J.
The will in question was attested by three witnesses. But one of them was before the probate court at the time the will was admitted to probate. His testimony, as reduced to writing, is in the usual fonn of that of an .attesting witness, and also to the genuineness of the signature of another of the attesting witnesses, who, he testifies, was present at the execution of the will and attested it in his presence, and that the place of residence of the witness was then unknown, to him. Upon this testimony the will was probated and recorded without the third witness being ■ called, or his absence…
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