Legal Opinion
In re Kemp's Will
Superior Court of Delaware
Decided August 17, 1936No. 41PublishedCited by 12 opinions
1Opinion of the Court
Layton, C. J.,
delivering the opinion of the Court:
The statute, Section 3241, Rev. Code 1915, provides,
“Every will, whether of personal or real estate, must be in writing and signed by the testator, or by some person subscribing the testator’s name in his presence and by his express direction, and attested and subscribed in his presence by two or more credible witnesses, or it shall be void.”
It is not denied that the paper writing was signed by the testatrix. The witnesses to her signature were “credible witnesses” even though they were employed by the executor. Hudson v. Flood, 5 Boyce 450,…
2Cases cited8 opinions
- Heaston v. KriegIndiana Supreme Court · 1906
- Scott's EstateSupreme Court of Pennsylvania · 1892
- Scott's EstateSupreme Court of Pennsylvania · 1892
- Ferris v. NevilleMichigan Supreme Court · 1901
- Small v. AdamsCourt of Chancery of Delaware · 1931
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Ellis v. United StatesCourt of Appeals for the Eighth Circuit · 1943
- Estate of SargavakCalifornia Supreme Court · 1950
- Ohanneson v. LambrinidouCalifornia Supreme Court · 1950
- In Re the Estate of TeubertWest Virginia Supreme Court · 1982
- Rice v. HendersonWest Virginia Supreme Court · 1954
7 more not listed; retrieve them via the Exa API.