In re the Probate of the Last Will & Testament of Baldwin

Ketcham, S.

The propounded paper was presented to each of the subscribing witnesses separately, and whatever took place *470..as to its execution in the presence of one was not within the observation of the other.

In the case of one witness there was a compliance with the statute.

The decedent presented the paper with his signature upon it to the other witness, who was his brother, and asked him to witness his signature, which was done. There was then no declaration that the instrument was a will, nor was there any circumstance from which a declaration could be implied.

The decedent then put the…