Jones v. Steinle

Appellant filed his application to probate a certain instrument as the last ■will and testament of his mother, Martha E. Jones, deceased. Appellee, a daughter of deceased, filed her contest, and both the county court and the district court on appeal refused to probate the instrument as a will, because the proponent failed to show that the two attesting witnesses subscribed “.their names thereto in the presence of the testator,” as required by article 8283, E. S. 1925; hence this appeal.

Articles 3314 and 3348, E. S. 1925, place the burden upon the proponent to show that a will offered for…