Legal Opinion
Hudson v. Flood
Superior Court of Delaware
Decided April 6, 1915PublishedCited by 1 opinion
Appeal (No. 27, February Term, 1915) from the Register of Wills for Sussex County, admitting to probate the will of Luvina Layton, deceased, against a caveat filed by Francis Hudson. Upon application of the parties the Superior Court directed the question of law involved to be heard by the Court in Banc. The opinion of the latter court being certified to the Superior Court, the decree of the Register was affirmed.
1Opinion of the Court
Pennewill, C. J.,
after stating the facts as above, delivering the majority opinion of the court:
[1] Under the law of this state, Revised Code of 1915, §§ 3241 and 3242:
*452“Every will, whether of personal or real estate, must be in writing and signed by the testator, or by some person subscribing the testator’s name in his presence and by his express direction, and attested and subscribed in his presence by two or more credible witnesses, or it shall be void.
“A creditor of a testator may be a witness to his will, although it contain a provision for the payment of his debts. Also a person may be a…
2Cases cited18 opinions
- Taylor v. McClintockSupreme Court of Arkansas · 1908
- Martin v. McAdamsTexas Supreme Court · 1894
- Kumpe v. CoonsSupreme Court of Alabama · 1879
- Miller v. LivingstoneUtah Supreme Court · 1906
- Snider v. BurksSupreme Court of Alabama · 1887
13 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Estate of JohnsonWisconsin Supreme Court · 1920