Cravens v. Faulconer
Supreme Court of Missouri
Appeal from Clinton Circuit Court. I. Under our statute of wills, the subscribing witnesses must sign at the time the will is signed by the testator. (R. C. 1855, tit. Wills, § 4,18,19, 20, 80 and 33.) II.
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Appeal from Clinton Circuit Court. I. Under our statute of wills, the subscribing witnesses must sign at the time the will is signed by the testator. (R. C. 1855, tit. Wills, § 4,18,19, 20, 80 and 33.) II. Even if the witnesses could attest or sign the will at a subsequent time upon an acknowledgment by the testator that he had signed it as his will, still the law requires that the witnesses themselves should sign at the same time; for they are not only to attest the corporal act of execution by the testator, but must attest his soundness of mind at the time. (R. C. 1855, tit. Wills, § 4, 18,…
1Opinion of the CourtRichakdson, Judge
This was a proceeding to contest the validity of the will of Nelson Eaulconer, and the only questions in the case are, whether the testator must actually sign his will in the presence of the attesting witnesses, and whether it is necessary for the witnesses to subscribe their names to the will in the presence of each other.
The fourth section of our statute of wills directs that “ every will shall be in writing, signed by the testator, or by some person by his direction in his presence; and shall be attested by two or more competent witnesses subscribing tlicir names to the will in the…
2Cited by19 opinions
- Tingley v. CowgillSupreme Court of Missouri · 1871
- Farrell's Administrator v. Brennan's AdministratrixSupreme Court of Missouri · 1862
- Ray v. WalkerSupreme Court of Missouri · 1922
- Walton v. KendrickSupreme Court of Missouri · 1894
- Moore v. GloverSupreme Court of Oklahoma · 1945
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