Lanning v. Gay

The opinion of the court was delivered by

Smith, J. :

The question involved in this proceeding in error is whether or not the husband of a legatee in a will is a competent witness to its execution. The point was raised in the district court in an action brought by the father and sole heir at law of the testatrix, to contest her will, under section 7957, General Statutes of 1901, after it.had been admitted to probate in conformity with the requirements of section 7952, General Statutes of 1901. The law respecting the attestation of wills reads :

“Every last will and testament . . . shall be in…