Young v. Young

This is an appeal from an order of the circuit court of Marion County denying appellant’s, Ruby M. Young’s, petition to probate a document purported to be the will of the deceased, Roger C. Young.

The issue before this court is whether or not a document, which does not include an attestation clause, can be admitted to probate when none of the subscribing witnesses are able to testify either that it was signed by the decedent in their presence or that the signature of the decedent was acknowledged at the time they, the witnesses, affixed their signatures to it.

Section 43 of the Probate Act…