James v. Staples

The will was written by the executor’s wife with her fountain pen at the executor’s dictation. The first page contains seven clauses. Each clause comprises only three lines and the subject-matter of each is a simple bequest. The second page contains four clauses establishing various trusts and conditional gifts and a final clause appointing Orrin M. James executor and trustee.

Clarence R. Bickford, one of the subscribing witnesses, testified that the document “was laid out flat on the table” when he signed as witness and that there was no writing on the second page. The executor and his wife…