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WILLS and TESTAMENTS.
75
by his express direction, whether it be at the
top, bottom, or margin of the paper, it is effectual;
and sealing also hath been held to be a
sufficient signing. 3 Lev. 1--Gilb. 93--Str.
764. Contra. 1 Wilson 313.
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Tho' signed in private, and alone, yet being
acknowledged to be his hand, and declare to
be his will, held sufficient. 2 P. Will. 506--
3 P. Will. 254.
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The witnesses to a will, under this statute of
29 Car. 2, ought to be disinterested, to be credible,
and therefore a legatee was not admitted
to be a witness. Str. 1254.
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Witnesses to
wills; when
legal and
when not. |
If the witnesses should die before the testator,
or before their examination, a proof of their
hand writing will be admitted.
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By the 25 Geo. 2, ch. 6, it is enacted, that
if any beneficial devise, legacy or appointment
affecting the real or personal estate (other than
for payment of debts) be made to a witness to
a will, or codicil made after June 24 1752, the
devise, &c. so far as concerns the witness
shall be void, and he shall be admitted as a
witness. |
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