In Re Estate of Shaff

This is a contest as to the sufficiency of the execution of a will. The contest is narrowed down to a single point, namely: Did the witnesses sign their names as such in the presence of the testator? The will is dated September 11, 1922, signed and sealed by the testator, and has the following attestation clause signed by these witnesses:

“Signed, sealed and declared by said "Walter D. Shaff as his last will and testament in presence of us who at his request and in his presence and in the presence of each other subscribed our names as witnesses hereto.

“Geo. A. Smith, Residing at Stayton, Oreg.

“…