Topic: an attestation clause is a 'provision at the end of an inst… · Go Syfert
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Topic #21059

6 canonical passages across 4 cases, quoted by 20 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Slack v. Truitt.

#Case FlagCanonical passage Citers
1 Slack v. Truitt Anchor
md · 2002
green “an attestation clause is a 'provision at the end of an instrument (esp. a will) that is signed by the instrument's witnesses and that recites the formalities required by the jurisdiction in which the instrument might take effect (such as where the will might be probated).” 5
2 Slack v. Truitt
md · 2002
green “an attestation clause is not the sine qua non of the presumption of due execution.” 4
3 Slack v. Truitt
md · 2002
green “once the presumption attaches, the burden of proof is on the caveator to show by clear and convincing evidence that the facts stated in the attestation clause are untrue.” 3
4 Van Meter v. Van Meter
md · 1944
green “the validity of the execution of a will depends, not upon an attestation clause, but upon conformity with the requirements of the statute, and also the testimony of the subscribing witnesses if they are produced and examined.” 3
5 Groat v. Sundberg
mdctspecapp · 2013
green “(1) in writing, (2) signed by the testator, or by some other person for him, in his presence and by his express direction, and (3) attested and signed by two or more credible witnesses in the presence of the testator.” 3
6 McIntyre v. Saltysiak
md · 2001
green “the attestation of the will is the act of the witnesses in seeing that those things exist and are done which the attestation clause declares were done and which the statute requires” 2

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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