CUNNINGHAM V. CUNNINGHAM, 83 N.W. 58 (1900) CASE BRIEF

CUNNINGHAM V. CUNNINGHAM

83 N.W. 58 (1900)

NATURE OF THE CASE: This was a will dispute in that it was not properly attested and subscribed.

FACTS: A will was made for the testator to sign. The testator had been confined to his bedroom for some time. It was a small room with no door but only a curtain had been hung. The will was drafted by an attending doctor and another doctor was summoned as a witness. The draft that was made was unsatisfactory and both doctors were sent away. They were again summoned and the will was drawn again with the testator remaining in his bed. When it was drawn, both doctors stepped to the bedside, it was read and the testator pronounced it satisfactory and then signed it. The doctor witnesses then affixed their signatures as well but from a table in the adjoining room that could have been easily seen by the testator by just stepping one or two feet. From where the testator was laying he could not see the table that the doctors used to sign the will. Based on these facts the trial court admitted the will to probate.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

Get free access to the entire content for Mac, PC or Online

for 2-3 days and free samples of all kinds of products.

https://bsmsphd.com

© 2007-2016 Abn Study Partner