Bloodworth v. McCook

Duckworth, Justice.

It appears that the testator signed the will by making his mark. To the left of his signature, under the word “witness,” appears the name “W. H. Hardie.” Under the name of the testator and W. H. Hardie is an attestation clause to which the names of three witnesses are subscribed. Upon the trial the three witnesses who subscribed their names below the attestation clause testified with reference to the execution of the will, but the propounder did not produce W. H. Hardie as a witness, and no effort was made to explain the failure to do so. Several grounds of the motion for a…