attestation clause (California) · Go Syfert
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attestation clause in California

24 California opinions name it 4 courts 1858–2014 0 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (15)

CaseFollowedCited
Estate of Pitcairngreen
cal · 1936 · cited in 3 California opinions naming this issue, 1948–1962
2 sentences

1962In Estate of Pitcairn, 6 Cal.2d 730, 732 [2] [ 59 P.2d 90 ], in which one witness could go no further than to state that she was asked to sign “a piece of paper,” not having been in the room at the time testatrix signed, our Supreme Court again reviews the same problem and reaffirms the presumption of due execution in affirming admission of the will to probate, quoting, at page 733, with approval the reasoning of the Missouri Supreme Court in the following words, “In other words, by subscribing the will the attesting witnesses impliedly vouch for its due execution as fully or as broadly as the

1962In Estate of Pitcairn, 6 Cal.2d 730, 732 [2] [ 59 P.2d 90 ], in which one witness could go no further than to state that she was asked to sign “a piece of paper,” not having been in the room at the time testatrix signed, our Supreme Court again reviews the same problem and reaffirms the presumption of due execution in affirming admission of the will to probate, quoting, at page 733, with approval the reasoning of the Missouri Supreme Court in the following words, “In other words, by subscribing the will the attesting witnesses impliedly vouch for its due execution as fully or as broadly as the

23
McFadyen v. Rosegreen
cal · 1898 · cited in 3 California opinions naming this issue, 1936–1949
2 sentences

1949There was not, it is true, the conventional attestation clause, but such clause was not necessary (Estate of Tyler, 121 Cal. 405 [ 53 P. 928 ]; Estate of Pitcairn, 6 Cal.2d 730 [ 59 P.2d 90 ]).

1949There was not, it is true, the conventional attestation clause, but such clause was not necessary (Estate of Tyler, 121 Cal. 405 [ 53 P. 928 ]; Estate of Pitcairn, 6 Cal.2d 730 [ 59 P.2d 90 ]).

13
Gray v. Security-First National Bankgreen
calctapp · 1948 · cited in 2 California opinions naming this issue, 1955–1962
2 sentences

1962(Estate of Gray, 75 Cal.App.2d 386, 391-392 [3] [ 171 P.2d 113 ]; Estate of Braue, 45 Cal.App.2d 502, 505 [1a] [ 114 P.2d 386 ]; Estate of Gray, 89 Cal.App.2d 478, 485 [5] [ 201 P.2d 392 ] ; and Estate of Gill, 111 Cal.App.2d 486, 488 [3] [ 244 P.2d 724 ].) The authorities cited by appellants state no contrary rule.

1962(Estate of Gray, 75 Cal.App.2d 386, 391-392 [3] [ 171 P.2d 113 ]; Estate of Braue, 45 Cal.App.2d 502, 505 [1a] [ 114 P.2d 386 ]; Estate of Gray, 89 Cal.App.2d 478, 485 [5] [ 201 P.2d 392 ] ; and Estate of Gill, 111 Cal.App.2d 486, 488 [3] [ 244 P.2d 724 ].) The authorities cited by appellants state no contrary rule.

12
Golde v. Wilburngreen
calctapp · 2013 · cited in 1 California opinions naming this issue, 2014–2014
2 sentences

2014(Estate of Ben-Ali (2013) 216 Cal.App.4th 1026,1036 (Ben-Ali).) “The question of due execution of a will is one of fact, and the probate court’s finding will not be reversed on appeal if there is any substantial evidence to sustain it.” (Ben-Ali, supra, 216 Cal.App.4th at p. 1033 .) The testimony of the husband is somewhat ambiguous as to whether he could not recall any of the circumstances, or could in fact recall that he did not actually see William sign the will; however, he acknowledged that he would not have signed the attestation clause if its contents were not true.

2014(Estate of Ben-Ali (2013) 216 Cal.App.4th 1026,1036 (Ben-Ali).) “The question of due execution of a will is one of fact, and the probate court’s finding will not be reversed on appeal if there is any substantial evidence to sustain it.” (Ben-Ali, supra, 216 Cal.App.4th at p. 1033 .) The testimony of the husband is somewhat ambiguous as to whether he could not recall any of the circumstances, or could in fact recall that he did not actually see William sign the will; however, he acknowledged that he would not have signed the attestation clause if its contents were not true.

11
In Re Estate of Junggreen
arizctapp · 2005 · cited in 1 California opinions naming this issue, 2006–2006
2 sentences

2006Moreover, nothing in the legislative history of the enactment, reenactment, or amendment of section 6110 refers to this comment or contains any similar language regarding postdeath attestation. [8] Other states have concluded witnesses may sign a will after the testator's death so long as the signing occurs within a reasonable time after witnessing the testator's signature or acknowledgement of the signature or of the will. ( Matter of Estate of Peters (1987) 107 N.J. 263 , 526 A.2d 1005, 1013 ; see In re Estate of Jung (App.2005) 210 Ariz. 202 , 109 P.3d 97, 102 .) [9] This point distinguishe

2006Moreover, nothing in the legislative history of the enactment, reenactment, or amendment of section 6110 refers to this comment or contains any similar language regarding postdeath attestation. [8] Other states have concluded witnesses may sign a will after the testator's death so long as the signing occurs within a reasonable time after witnessing the testator's signature or acknowledgement of the signature or of the will. ( Matter of Estate of Peters (1987) 107 N.J. 263 , 526 A.2d 1005, 1013 ; see In re Estate of Jung (App.2005) 210 Ariz. 202 , 109 P.3d 97, 102 .) [9] This point distinguishe

11
Baker v. Gourleygreen
calctapp · 2000 · cited in 1 California opinions naming this issue, 2003–2003
2 sentences

2003(Baker v. Gourley (2000) 81 Cal.App.4th 1167, 1172-1173 [ 97 Cal.Rptr.2d 451 ]; Davenport v. Department of Motor Vehicles (1992) 6 Cal.App.4th 133 [ 7 Cal.Rptr.2d 818 ].) The question presented here is whether Eglin’s failure to sign the attestation of test reliability portion of the DS 367 form renders the presumption inapplicable.

2003(Baker v. Gourley (2000) 81 Cal.App.4th 1167, 1172-1173 [ 97 Cal.Rptr.2d 451 ]; Davenport v. Department of Motor Vehicles (1992) 6 Cal.App.4th 133 [ 7 Cal.Rptr.2d 818 ].) The question presented here is whether Eglin’s failure to sign the attestation of test reliability portion of the DS 367 form renders the presumption inapplicable.

11
Estate of Brauegreen
calctapp · 1941 · cited in 1 California opinions naming this issue, 1962–1962
2 sentences

1962(Estate of Gray, 75 Cal.App.2d 386, 391-392 [3] [ 171 P.2d 113 ]; Estate of Braue, 45 Cal.App.2d 502, 505 [1a] [ 114 P.2d 386 ]; Estate of Gray, 89 Cal.App.2d 478, 485 [5] [ 201 P.2d 392 ] ; and Estate of Gill, 111 Cal.App.2d 486, 488 [3] [ 244 P.2d 724 ].) The authorities cited by appellants state no contrary rule.

1962(Estate of Gray, 75 Cal.App.2d 386, 391-392 [3] [ 171 P.2d 113 ]; Estate of Braue, 45 Cal.App.2d 502, 505 [1a] [ 114 P.2d 386 ]; Estate of Gray, 89 Cal.App.2d 478, 485 [5] [ 201 P.2d 392 ] ; and Estate of Gill, 111 Cal.App.2d 486, 488 [3] [ 244 P.2d 724 ].) The authorities cited by appellants state no contrary rule.

11
Estate of Graygreen
calctapp · 1946 · cited in 1 California opinions naming this issue, 1962–1962
2 sentences

1962(Estate of Gray, 75 Cal.App.2d 386, 391-392 [3] [ 171 P.2d 113 ]; Estate of Braue, 45 Cal.App.2d 502, 505 [1a] [ 114 P.2d 386 ]; Estate of Gray, 89 Cal.App.2d 478, 485 [5] [ 201 P.2d 392 ] ; and Estate of Gill, 111 Cal.App.2d 486, 488 [3] [ 244 P.2d 724 ].) The authorities cited by appellants state no contrary rule.

1962(Estate of Gray, 75 Cal.App.2d 386, 391-392 [3] [ 171 P.2d 113 ]; Estate of Braue, 45 Cal.App.2d 502, 505 [1a] [ 114 P.2d 386 ]; Estate of Gray, 89 Cal.App.2d 478, 485 [5] [ 201 P.2d 392 ] ; and Estate of Gill, 111 Cal.App.2d 486, 488 [3] [ 244 P.2d 724 ].) The authorities cited by appellants state no contrary rule.

11
Estate of Gillgreen
calctapp · 1952 · cited in 1 California opinions naming this issue, 1962–1962
2 sentences

1962(Estate of Gray, 75 Cal.App.2d 386, 391-392 [3] [ 171 P.2d 113 ]; Estate of Braue, 45 Cal.App.2d 502, 505 [1a] [ 114 P.2d 386 ]; Estate of Gray, 89 Cal.App.2d 478, 485 [5] [ 201 P.2d 392 ] ; and Estate of Gill, 111 Cal.App.2d 486, 488 [3] [ 244 P.2d 724 ].) The authorities cited by appellants state no contrary rule.

1962(Estate of Gray, 75 Cal.App.2d 386, 391-392 [3] [ 171 P.2d 113 ]; Estate of Braue, 45 Cal.App.2d 502, 505 [1a] [ 114 P.2d 386 ]; Estate of Gray, 89 Cal.App.2d 478, 485 [5] [ 201 P.2d 392 ] ; and Estate of Gill, 111 Cal.App.2d 486, 488 [3] [ 244 P.2d 724 ].) The authorities cited by appellants state no contrary rule.

11
Thomsen v. Hansengreen
calctapp · 1940 · cited in 1 California opinions naming this issue, 1958–1958
2 sentences

1958(Estate of Hansen, 38 Cal.App.2d 99, 115, 116 [ 100 P.2d 776 ].) Appellants invoke the presumption which is accorded the attestation clause.

1958(Estate of Hansen, 38 Cal.App.2d 99, 115, 116 [ 100 P.2d 776 ].) Appellants invoke the presumption which is accorded the attestation clause.

11
Morey v. Johnsongreen
calctapp · 1946 · cited in 1 California opinions naming this issue, 1956–1956
2 sentences

1956(Estate of Morey, 75 Cal.App.2d 628, 634 [ 171 P.2d 131 ].) And the forgetfulness of one of the attesting witnesses could not destroy the other proof. (26 Cal.Jur., § 125, p. 791.) To disprove the execution of the will contestant relied wholly upon circumstantial evidence.

1956(Estate of Morey, 75 Cal.App.2d 628, 634 [ 171 P.2d 131 ].) And the forgetfulness of one of the attesting witnesses could not destroy the other proof. (26 Cal.Jur., § 125, p. 791.) To disprove the execution of the will contestant relied wholly upon circumstantial evidence.

11
Estate of Wallacegreen
calctapp · 1950 · cited in 1 California opinions naming this issue, 1954–1954
2 sentences

1954In our opinion, a substantial compliance with this statute sufficiently appears in this case to support the judgment and order appealed from.” In the instant ease the will was entirely in the handwriting of the deceased and Ms signature appears in two places, to wit, at the beginning of the will, which was held to be a sufficient signing in Estate of Wallace, 100 Cal.App.2d 237, 239 [ 223 P.2d 284 ], and again in the attestation clause which recites that the instrument bears the signature of the testator.

1954In our opinion, a substantial compliance with this statute sufficiently appears in this case to support the judgment and order appealed from.” In the instant ease the will was entirely in the handwriting of the deceased and Ms signature appears in two places, to wit, at the beginning of the will, which was held to be a sufficient signing in Estate of Wallace, 100 Cal.App.2d 237, 239 [ 223 P.2d 284 ], and again in the attestation clause which recites that the instrument bears the signature of the testator.

11
Estate of Stonegreen
calctapp · 1943 · cited in 1 California opinions naming this issue, 1948–1948
2 sentences

1948(Estate of Stone, 59 Cal.App.2d 263, 268 [ 138 P.2d 710 ]; Estate of Pitcairn, 6 Cal.2d 730, 733-4 [ 59 P.2d 90 ]; Estate of Tyler, 121 Cal. 405, 409 [ 53 P. 928 ]; Estate of Kent, 161 Cal. 142, 147 [ 118 P. 523 ].) In the Pitcairn case one of the witnesses testified she was not in the room when the testatrix signed the will and that she was asked to sign a “piece of paper” without being told it was a will.

1948(Estate of Stone, 59 Cal.App.2d 263, 268 [ 138 P.2d 710 ]; Estate of Pitcairn, 6 Cal.2d 730, 733-4 [ 59 P.2d 90 ]; Estate of Tyler, 121 Cal. 405, 409 [ 53 P. 928 ]; Estate of Kent, 161 Cal. 142, 147 [ 118 P. 523 ].) In the Pitcairn case one of the witnesses testified she was not in the room when the testatrix signed the will and that she was asked to sign a “piece of paper” without being told it was a will.

11
In Re Estate of Kentgreen
cal · 1911 · cited in 1 California opinions naming this issue, 1948–1948
2 sentences

1948(Estate of Stone, 59 Cal.App.2d 263, 268 [ 138 P.2d 710 ]; Estate of Pitcairn, 6 Cal.2d 730, 733-4 [ 59 P.2d 90 ]; Estate of Tyler, 121 Cal. 405, 409 [ 53 P. 928 ]; Estate of Kent, 161 Cal. 142, 147 [ 118 P. 523 ].) In the Pitcairn case one of the witnesses testified she was not in the room when the testatrix signed the will and that she was asked to sign a “piece of paper” without being told it was a will.

1948(Estate of Stone, 59 Cal.App.2d 263, 268 [ 138 P.2d 710 ]; Estate of Pitcairn, 6 Cal.2d 730, 733-4 [ 59 P.2d 90 ]; Estate of Tyler, 121 Cal. 405, 409 [ 53 P. 928 ]; Estate of Kent, 161 Cal. 142, 147 [ 118 P. 523 ].) In the Pitcairn case one of the witnesses testified she was not in the room when the testatrix signed the will and that she was asked to sign a “piece of paper” without being told it was a will.

11
Webb v. Dyegreen
wva · 1881 · cited in 1 California opinions naming this issue, 1892–1892
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (48)

CaseCitedYears
In Re Estate of Hewitt green
calctapp · 1923
2 sentences

1965The pieces containing this clause and the three signatures were missing, but the attesting signature and the attestation clause with the signatures of the witnesses on the last page had been carefully preserved and attached in the proper place and folded in with the rest of the instrument." Estate of Hewitt, supra, 63 Cal.App. 440, 443 .) [fn. *] *. 3 Pa. 281 [53 Am.Dec. 597].

1965The pieces containing this clause and the three signatures were missing, but the attesting signature and the attestation clause with the signatures of the witnesses on the last page had been carefully preserved and attached in the proper place and folded in with the rest of the instrument.” Estate of Hewitt, supra, 63 Cal. App. 440, 443 .) 3 Pa. 281 [53 Am.Dee. 597].

21965–1965
In Re Estate of Cullberg green
cal · 1915
2 sentences

1948In Estate of Cullberg, 169 Cal. 365 [ 146 P. 888 ], the will, including the attestation clause, was read in the presence of the witnesses and the testatrix, who remained silent.

1948In Estate of Cullberg, 169 Cal. 365 [ 146 P. 888 ], the will, including the attestation clause, was read in the presence of the witnesses and the testatrix, who remained silent.

21919–1948
In re the Probate of the Alleged Last Will & Testament of Noon neutral
nysurct · 1900
2 sentences

1947Misc. 484 [ 192 A. 428 ]; In re Noon’s Will, 31 Misc. 420 [65 N.Y.S. *705 568]; In re Eyett’s Will, 124 Misc. 523 [ 209 N.Y.S. 251 ].) In each of "these cases it was held that the signature of the testator, which appeared in the attestation clause, was a sufficient compliance with the requirement for subscription at the end of the will.

1910Held that, since the attestation clause is no part of the will, the signature of-the testator was subscribed at the end of the will and that it was entitled to probate: In re Noon’s Will, 31 Misc. 420 , 65 N. Y.

21910–1947
Albright v. North green
· 1905
2 sentences

1947She relies on Sears v. Sears, 77 Ohio St. 104 [ 82 N.E. 1067 , 11 Ann.Cas. 1008], an Ohio case, In re Churchill’s Estate, 260 Pa. 94 [ 103 A. 533 ], a Pennsylvania case, and Estate of Seaman, 146 Cal. 455 [ 80 P. 700 , 106 Am.St.Rep. 53 , 2 Ann.Cas. 726].

1947She relies on Sears v. Sears, 77 Ohio St. 104 [ 82 N.E. 1067 , 11 Ann.Cas. 1008], an Ohio case, In re Churchill’s Estate, 260 Pa. 94 [ 103 A. 533 ], a Pennsylvania case, and Estate of Seaman, 146 Cal. 455 [ 80 P. 700 , 106 Am.St.Rep. 53 , 2 Ann.Cas. 726].

21920–1947
Matter of Estate of Peters green
nj · 1987
2 sentences

2006Moreover, nothing in the legislative history of the enactment, reenactment, or amendment of section 6110 refers to this comment or contains any similar language regarding postdeath attestation. [8] Other states have concluded witnesses may sign a will after the testator's death so long as the signing occurs within a reasonable time after witnessing the testator's signature or acknowledgement of the signature or of the will. ( Matter of Estate of Peters (1987) 107 N.J. 263 , 526 A.2d 1005, 1013 ; see In re Estate of Jung (App.2005) 210 Ariz. 202 , 109 P.3d 97, 102 .) [9] This point distinguishe

2006Moreover, nothing in the legislative history of the enactment, reenactment, or amendment of section 6110 refers to this comment or contains any similar language regarding postdeath attestation. [8] Other states have concluded witnesses may sign a will after the testator's death so long as the signing occurs within a reasonable time after witnessing the testator's signature or acknowledgement of the signature or of the will. ( Matter of Estate of Peters (1987) 107 N.J. 263 , 526 A.2d 1005, 1013 ; see In re Estate of Jung (App.2005) 210 Ariz. 202 , 109 P.3d 97, 102 .) [9] This point distinguishe

12006–2006
Davenport v. Department of Motor Vehicles green
calctapp · 1992
2 sentences

2003(Baker v. Gourley (2000) 81 Cal.App.4th 1167, 1172-1173 [ 97 Cal.Rptr.2d 451 ]; Davenport v. Department of Motor Vehicles (1992) 6 Cal.App.4th 133 [ 7 Cal.Rptr.2d 818 ].) The question presented here is whether Eglin’s failure to sign the attestation of test reliability portion of the DS 367 form renders the presumption inapplicable.

2003(Baker v. Gourley (2000) 81 Cal.App.4th 1167, 1172-1173 [ 97 Cal.Rptr.2d 451 ]; Davenport v. Department of Motor Vehicles (1992) 6 Cal.App.4th 133 [ 7 Cal.Rptr.2d 818 ].) The question presented here is whether Eglin’s failure to sign the attestation of test reliability portion of the DS 367 form renders the presumption inapplicable.

12003–2003
Sherbourne v. Noll green
cal · 1908
2 sentences

1955In Estate of Johnson, 152 Cal. 778 [ 93 P. 1015 ], the Supreme Court of this state, in affirming an order admitting a will to probate, noted that after the testator’s signature and above that of the subscribing witnesses was written “the usual attestation clause.” (See also Estate of Cullberg, supra.) In Estate of Gray , page 388 (supra), the signature of testatrix was at the foot of page 7 of the will, the attestation clause and signatures of the subscribing witnesses were at the top of page 8.

1955In Estate of Johnson, 152 Cal. 778 [ 93 P. 1015 ], the Supreme Court of this state, in affirming an order admitting a will to probate, noted that after the testator’s signature and above that of the subscribing witnesses was written “the usual attestation clause.” (See also Estate of Cullberg, supra.) In Estate of Gray , page 388 (supra), the signature of testatrix was at the foot of page 7 of the will, the attestation clause and signatures of the subscribing witnesses were at the top of page 8.

11955–1955
Tonneson v. Tonneson green
calctapp · 1947
2 sentences

1954Code), the authenticating signature of the testator is not required to be at the end, but may be found elsewhere in the body of the testamentary document.” In Estate of Tonneson, 81 Cal.App.2d 703 [ 185 P.2d 78 ], appellant’s main contention was that the end of the will involved was above the attestation clause and that the decedent’s signature appearing in that clause was a part thereof and not a subscription to the instrument which preceded that clause, and that section 50 of the Probate Code was not *724 complied with.

1954Code), the authenticating signature of the testator is not required to be at the end, but may be found elsewhere in the body of the testamentary document.” In Estate of Tonneson, 81 Cal.App.2d 703 [ 185 P.2d 78 ], appellant’s main contention was that the end of the will involved was above the attestation clause and that the decedent’s signature appearing in that clause was a part thereof and not a subscription to the instrument which preceded that clause, and that section 50 of the Probate Code was not *724 complied with.

11954–1954
In Re Weber neutral
calctapp · 1911
2 sentences

1949Anzalone and Morroni. *840 In re Weber, 15 Cal.App. 224 [ 114 P. 597 ], is directly in point and is illustrative of the rule.

1949Anzalone and Morroni. *840 In re Weber, 15 Cal.App. 224 [ 114 P. 597 ], is directly in point and is illustrative of the rule.

11949–1949
In re the Probate of the Alleged Will of Drake neutral
paorphctunion · 1937
1 sentence

1947Misc. 484 [ 192 A. 428 ]; In re Noon’s Will, 31 Misc. 420 [65 N.Y.S. *705 568]; In re Eyett’s Will, 124 Misc. 523 [ 209 N.Y.S. 251 ].) In each of "these cases it was held that the signature of the testator, which appeared in the attestation clause, was a sufficient compliance with the requirement for subscription at the end of the will.

11947–1947
McCue v. Turner green
kyctapphigh · 1934
2 sentences

1947Also, in Younger v. Duffie, 94 N.Y. 535 [ 46 Am.Rep. 156 ], McCue v. Turner, 252 Ky. 849 [ 68 S.W.2d 415 ], and In re Young’s Will, 153 Wis. 337 [ 141 N.W. 226 ], it was held to be a sufficient compliance with this requirement where the signature of the testator followed instead of preceded the attestation clause.

1947Also, in Younger v. Duffie, 94 N.Y. 535 [ 46 Am.Rep. 156 ], McCue v. Turner, 252 Ky. 849 [ 68 S.W.2d 415 ], and In re Young’s Will, 153 Wis. 337 [ 141 N.W. 226 ], it was held to be a sufficient compliance with this requirement where the signature of the testator followed instead of preceded the attestation clause.

11947–1947
Younger v. . Duffie green
· 1884
2 sentences

1947Also, in Younger v. Duffie, 94 N.Y. 535 [ 46 Am.Rep. 156 ], McCue v. Turner, 252 Ky. 849 [ 68 S.W.2d 415 ], and In re Young’s Will, 153 Wis. 337 [ 141 N.W. 226 ], it was held to be a sufficient compliance with this requirement where the signature of the testator followed instead of preceded the attestation clause.

1947Also, in Younger v. Duffie, 94 N.Y. 535 [ 46 Am.Rep. 156 ], McCue v. Turner, 252 Ky. 849 [ 68 S.W.2d 415 ], and In re Young’s Will, 153 Wis. 337 [ 141 N.W. 226 ], it was held to be a sufficient compliance with this requirement where the signature of the testator followed instead of preceded the attestation clause.

11947–1947
In re Proving the Last Will & Testament of Eyett green
nysurct · 1925
2 sentences

1947Misc. 484 [ 192 A. 428 ]; In re Noon’s Will, 31 Misc. 420 [65 N.Y.S. *705 568]; In re Eyett’s Will, 124 Misc. 523 [ 209 N.Y.S. 251 ].) In each of "these cases it was held that the signature of the testator, which appeared in the attestation clause, was a sufficient compliance with the requirement for subscription at the end of the will.

1947Misc. 484 [ 192 A. 428 ]; In re Noon’s Will, 31 Misc. 420 [65 N.Y.S. *705 568]; In re Eyett’s Will, 124 Misc. 523 [ 209 N.Y.S. 251 ].) In each of "these cases it was held that the signature of the testator, which appeared in the attestation clause, was a sufficient compliance with the requirement for subscription at the end of the will.

11947–1947
Churchill's Estate green
pa · 1918
1 sentence

1947She relies on Sears v. Sears, 77 Ohio St. 104 [ 82 N.E. 1067 , 11 Ann.Cas. 1008], an Ohio case, In re Churchill’s Estate, 260 Pa. 94 [ 103 A. 533 ], a Pennsylvania case, and Estate of Seaman, 146 Cal. 455 [ 80 P. 700 , 106 Am.St.Rep. 53 , 2 Ann.Cas. 726].

11947–1947
Hatfield v. Semans green
pa · 1918
1 sentence

1947She relies on Sears v. Sears, 77 Ohio St. 104 [ 82 N.E. 1067 , 11 Ann.Cas. 1008], an Ohio case, In re Churchill’s Estate, 260 Pa. 94 [ 103 A. 533 ], a Pennsylvania case, and Estate of Seaman, 146 Cal. 455 [ 80 P. 700 , 106 Am.St.Rep. 53 , 2 Ann.Cas. 726].

11947–1947
Will of Gale v. Freeman neutral
· 1913
2 sentences

1947Also, in Younger v. Duffie, 94 N.Y. 535 [ 46 Am.Rep. 156 ], McCue v. Turner, 252 Ky. 849 [ 68 S.W.2d 415 ], and In re Young’s Will, 153 Wis. 337 [ 141 N.W. 226 ], it was held to be a sufficient compliance with this requirement where the signature of the testator followed instead of preceded the attestation clause.

1947Also, in Younger v. Duffie, 94 N.Y. 535 [ 46 Am.Rep. 156 ], McCue v. Turner, 252 Ky. 849 [ 68 S.W.2d 415 ], and In re Young’s Will, 153 Wis. 337 [ 141 N.W. 226 ], it was held to be a sufficient compliance with this requirement where the signature of the testator followed instead of preceded the attestation clause.

11947–1947
Estate of Norswing green
calctapp · 1941
11945–1945
In Re the Probate of the Will of Field green
ny · 1912
11920–1920
In Re the Probate of the Last Will & Testament of Hewitt green
ny · 1883
11920–1920
In Re Estate of Dreyfus green
cal · 1917
11920–1920
Cardoza v. Pillsbury green
cal · 1915
11919–1919
Travis v. Straus green
cal · 1915
11919–1919
Muñoz-Vázquez v. Bonilla green
prsupreme · 1926
11916–1916
Ruiz de Val v. Morales de Riefkohl green
prsupreme · 1929
11916–1916
In re estate of Lux green
cal · 1893
11916–1916
Ruggles v. Welch green
cal · 1895
11916–1916
In Re Estate of Cowell green
· 1913
11916–1916
Sisters of Charity of St. Vincent De Paul v. Kelly green
ny · 1876
11910–1910
In re Proving the Last Will & Testament of Gibson green
· 1908
11910–1910
Alberti v. N. Y., Lake Erie & Western Railroad green
ny · 1889
11895–1895
In Re Proving the Will of Coleman green
· 1888
11895–1895
Fleming v. Morrison green
mass · 1904
11892–1892
Harris v. Oakley neutral
nysupct · 1889
11892–1892
In re Look neutral
nysupct · 1889
11892–1892
Keely v. Moore green
scotus · 1904
11892–1892
In Re the Estate of Look neutral
ny · 1891
11892–1892
In re the Probate of the Last Will & Testament & Codicil of Crane neutral
· 1902
11892–1892
In re the Probate of a Paper Propounded as the Last Will & Testament of Akers neutral
fla · 1902
11892–1892
Brennan v. . Crouch neutral
ny · 1891
11892–1892
Fatheree v. Lawrence neutral
· 1857
11892–1892

Where else courts name it

NY 186 (1853–2026) LA 68 (1957–2025) IL 56 (1867–2019) TX 24 (1884–2026) CA 24 (1858–2014) GA 23 (1900–2021) VA 18 (1868–2025) NJ 18 (1875–2024) OK 17 (1913–1991) MD 16 (1924–2022) WA 15 (1955–2015) TN 14 (1946–2024) MT 13 (1903–1977) PA 11 (1906–1984) SD 11 (1917–1991) WI 10 (1893–1961) OR 10 (1902–1996) IA 10 (1902–1966) FL 8 (1907–1991) MI 8 (1897–2020) OH 7 (1907–2020) MN 7 (1928–1977) KY 6 (1920–1977) CO 6 (1926–1948) NM 6 (1937–1994) NC 5 (1901–1978) CT 5 (1959–1996) MO 5 (1888–1956) ND 5 (1907–2019) IN 4 (1937–2011) KS 4 (1944–2002) NE 4 (1903–1938) MS 4 (2007–2024) MA 4 (1939–2012) AR 3 (1979–2019) DC 2 (1881–1997) UT 2 (1962–2013) AZ 2 (2002–2018) VT 2 (1901–1935) AL 2 (1917–1948) WV 2 (1881–2005)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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