Lane v. Lane
Lane v. Lane
Opinion of the Court
Where, as here, the will being probated in solemn form contains an attestation clause with three witnesses’ signatures thereon, and it is shown that one of these witnesses- is deceased, the whereabouts of another is unknown, and the third testifies that he was asked by the testator to be a witness but did not see the others sign nor the testator execute the will because he was called out of the room just before the signing, but he did sign after the others when he returned to the room but the testator had then gone out of the room, but thereafter the testator thanked him for witnessing his will, that in his opinion from having seen their signatures and the circumstances surrounding the incident he believes the signatures are genuine, under the existing law requiring only two witnesses (Ga. L. 1958, pp. 657, 673; Code Ann. Ch. 113-3) — whether or not this witness was a witness to the will by the acknowledgment of the testator that this was his will — , there was sufficient evidence to authorize the will to be probated. Since there is no other testimony attacking the attestation or rebutting the presump
Judgment affirmed.
Reference
- Full Case Name
- LANE v. LANE
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- 1 case
- Status
- Published