In re Leo's Will

ROBERT H. ANDERSON, Circuit Judge.

The question posed by the appellant in this case is — “Does attestation of a will satisfy the requirements of section 731.07 (2), Florida Statutes, where the attesting witnesses subscribed to the *62will 24 hours in point of time subsequent to the actual execution of the will by the testator in the presence of the same attesting witnesses?”

The appellee stated it thus — “Is a will valid wherein the attesting witnesses subscribed to the will after the testator’s death ?”

This question gave the court considerable trouble. Both parties relied on In re Watkins’ Estate…