Tappen v. Davidson

The Ordinary.

The question presented on the hearing of this appeal was, whether the paper propounded as the last will and testament ■of John W. Fisher, deceased, was signed by the attesting witnesses in the testator’s presence. At the signing of the will, the testator was lying in bed, in a small room which adjoined a larger one, from which it was separated by a partitition, in which were a door and a small window. The testator signed the will, in the presence of the witnesses, as he lay in bed. They signed in the large room. In that room, there were a table and a desk. At the latter, the will…