In re Proving the Last Will & Testament of Price

The jury’s finding that the deceased did not duly subscribe the will in the presence of the attesting witnesses and that he did not duly acknowledge his signature to them, was against the weight of the evidence.

Each of the subscribing witnesses was over seventy years of age at the time of the trial, held almost eighteen years after the will had been executed. At one time these witnesses testified they did not see the testator sign nor did they see his signature on the instrument when they affixed their names, and at another they swore they did not recall what happened. Nevertheless, there was…