Billings v. Woody

This appeal is from a directed verdict sustaining the validity of a will. There was evidence that the attesting witnesses signed it before the testatrix did. It is of course preferable as well as usual for the testatrix to sign first but, though there are cases on both sides of the question, we think the validity of a will should not depend upon who signs it first; provided, of course, all sign at substantially the same time and in each other’s presence, which they did here. The requirement of the statute is only that “all wills and testaments shall be in writing and signed by the testator,…