Legal Opinion
Salyers v. Salyers
Supreme Court of Virginia
Decided November 24, 1947No. Record No. 3246PublishedCited by 4 opinions
1Opinion of the CourtHudgins, C. J.
The only question presented by this appeal is whether an executor named in the will is á competent attesting witness.
*928This question turns on the construction of the pertinent statutes.
The mandatory provisions of section 5229 of the Code of 1919, regarding the execution of a non-holographic will, are that “the signature shall be made or the will acknowledged by him in the presence of at least two competent witnesses, present at the same time; and such witnesses shall subscribe the will in the presence of the testator * * * .”
A competent witness to a will is a person who, at the time of making…
2Cases cited10 opinions
- Comstock v. Hadlyme Ecclesiastical SocietySupreme Court of Connecticut · 1830
- Panaud v. JonesCalifornia Supreme Court · 1851
- Epes' Administrator v. HardawaySupreme Court of Virginia · 1923
- Geraghty v. KilroySupreme Court of Minnesota · 1908
- Meyer v. FoggSupreme Court of Florida · 1857
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In Re Mitchell's EstateWashington Supreme Court · 1952
- Strahl v. TurnerSupreme Court of Missouri · 1958
- Ferguson v. FergusonSupreme Court of Virginia · 1948
- French v. BevilleSupreme Court of Virginia · 1951