Robinson v. Ward

In this attack on the validity of a will, we determine whether the trial court erred in ruling there was compliance with the statutory mandate of Code § 64.1-49 requiring a witness to “subscribe the will.”

The statute provides, as pertinent, that a testator’s signature to a non-holographic will “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, but no form of attestation shall be necessary.”

This proceeding commenced when one of the heirs of…