Brickhouse v. Brickhouse

EAGLES, Judge.

Plaintiff argues that the trial court erred because there was insufficient evidence that Lucy B. Carr was a competent attesting witness “since her only purpose at the time of subscribing the will was to be a witness to the testator’s mark and to take the acknowledgement of the testator and two subscribing witnesses.” In addition to noting that Carr witnessed the testator’s mark on two different occasions, defendant argues that this is a self-proving will and that from the self-proving “acknowledgement taken by Carr and her testimony at trial, it is clear that she was in fact a…