Smith v. Smith

OPINION

VANMETER, Judge:

To be admitted to probate as a will, a document which is not wholly in the handwriting of a testator must be subscribed by two witnesses. The issue presented in this case is whether a document may be admitted to probate when two persons actually observed the testator subscribing the document, but only one subscribed her name to the document as a witness. We hold that it may not, and we reverse the Harlan Circuit Court’s order admitting the document to probate.

FACTS

The facts in this matter are not complicated. On February 4, 2008, Bill J. Smith attempted to make a will.…