Ryan v. Chicoine

The substantial .contention in this contest of the will of Hattie Ryan, deceased, is that the evidence, without dispute, and as a matter of law, establishes a failure to comply with the requirements of SDC 56.0210, in that (1) the testatrix did not publish and declare to the attesting witnesses that the instrument she was subscribing was her will, and (2) the testatrix did not request the attesting witnesses to sign as witnesses. The issues were tried in the county court and a judgment was entered upholding the will. The appeal to the circuit court was limited to questions of law, cf. SDC…