Pool v. Buffum
Oregon Supreme Court
Appeal from Jackson County. The matter controverted in this case was submitted to the circuit court for determination without action, under section 254 of ■ the practice act, by a statement in writing, containing the facts.
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Appeal from Jackson County. The matter controverted in this case was submitted to the circuit court for determination without action, under section 254 of ■ the practice act, by a statement in writing, containing the facts. The case, stated by the parties, shows that James B>. Pool, a brother of said Joshua B. Pool, a resident of Jackson County, in this state, died in California,” October 28, 1868, leaving both real and personal property in tliis state; tliat after'wards an instrument was admitted to probate in Jackson County, as the last will and testament of the said James R. Pool, a copy…
1Opinion of the Court
Upton,’ J.
This appeal presents the question whether the instrument under consideration is valid as a .will, notwithstanding, the subscribing witness, who wrote the decedent’s name^ did not state in writing that he subscribed the testator’s name at. his request.
Section 4, code, p. 936, provides: “Every will shall be in writing, signed by the testator, or by some other person under his direction, in his presence, and shall be attested by two or more competent witnesses, subscribing their names to the will in the'presence of the testator.”
Section 5 provides, that “every person who shall sign the…
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