Brown v. McBride

1. The issue arose out of an application to probate a will in solemn form. Clegg wa's the testator. G. A-. McDonald, J. M. Rhodes, and A. A. Nerney were the subscribing witnesses. There was no testimony by any witness that the testator actually signed the will in the presence of any of the witnesses, but there was testimony to the effect that all three of the witnesses signed the will in the presence of the testator and in the presence of each other. Dpon this point, Kerney testified by interrogatories: “I was a witness to the will; signed the original will as a witness at the request of…