Plemons v. Tarpey

SIMPSON, Justice.

This is a will contest where the proponent was successful in the court below and the contestant has appealed. The facts more fully appear in the dissenting opinion of the Chief Justice, to whom the case was originally assigned.

Appellant argues for error in the trial for the refusal of the court to give the affirmative charge with hypothesis on two theories: (1) The testatrix did not acknowledge her signature before the attesting witnesses and (2) because even if her signature, it was placed at the top of the instrument in the left-hand corner and our statute of wills does not…