Engberg v. Alexander

McDonough, Justice.

Susie Raby Alexander died on March 9, 1942, leaving a purported will dated October 30, 1930. By the terms of said instrument she gave all of her property to her daughter Violet V. Engberg, and she appointed her husband William Edward Alexander executor thereof. The document is not defective on its face. It was witnessed by two persons, and the attestation clause recites “that we [the subscribing witnesses] were present and saw Susie Raby Alexander sign the above instrument.”

At the time of the hearing one of the witnesses was dead. The other witness testified that the will…