In Re Will of Kelly

Stacy, O. J.

Yiewing tbe evidence in its most favorable light for tbe defeated parties, tbe established rule on a directed verdict (In re Will of Deyton, 177 N. C., 494, 90 S. E., 424), we are of opinion that it is sufficient to carry tbe case to tbe jury on tbe issue of due attestation.

It is true, tbe decisions are to tbe effect that tbe subscribing witnesses to a will, in some responsible way, should be requested to witness its execution. In re Herring’s Will, 152 N. C., 258, 67 S. E., 570. This may be impliéd from tbe circumstances and tbe conduct of tbe testator. Burney v. Allen, 125 N.…