Thornton v. Hulme

Mobley, Justice.

Caveator urges that the court erroneously directed a verdict for propounder because there was an issue of fact under the evidence relating to the proper execution of the will, that is, “whether testatrix signed the will in the presence of all of the purported witnesses, and whether the purported witnesses signed in the presence of the testatrix and the other witnesses.” A statement of basic rules is in order. The attesting witnesses must sign in the presence of the testator. Code Ann. § 113-301. The testator must either sign in the presence of the attesting witnesses or…