Palmer v. Ketner

CLARK, Judge.

The trial court ruled “That there having been no caveat to the will of E. K. Parton and particularly in view of the fact that Mary Ketner was a subscribing witness, the said Mary Ketner is estopped to deny that the trust corpus should be distributed to the heirs of Rena Henry and Leah Palmer.” We find that the court erred in this conclusion. The subscribing witness to a will is not required to read, it, and the witness’s signature is only an affirmation that a statutory requirement was complied with and does not constitute an acceptance or endorsement of the will’s provisions.…