Wade v. Wade

Maxwell, President:

This is a writ of error to a circuit court order refusing probate of a will. The matter came to that court on appeal from the county court under Code, 41-5-7 and 8.

The precise question is whether the purported last will of F. D. Wade, deceased, the same not being in his handwriting but signed and acknowledged by him, was properly subscribed by each of the two persons whose names are appended as witnesses.

The statute reads: “No will shall be valid unless it be in writing and signed by the testator, or by some other person in his presence and by his direction, in such manner…