McGarvey v. McGarvey

Maryland Code (1974), § 4-102 of the Estates and Trusts Article (formerly Art. 93, § 4-102) provides that “every will shall be ... attested and signed by two or more credible witnesses in the presence of the testator.” A provision requiring witnesses to attest to a will has been part of the statutory law of this state since 1798 (see ch. 101 of the Acts of 1798), and a will not attested by the requisite number of subscribing witnesses is invalid. See Van Meter v. Van Meter, 183 Md. 614, 616, 39 A.2d 752 (1944); Shane v. Wooley, 138 Md. 75, 77, 113 A. 652 (1921). The issue in this case is…