Excerpt from The Law Reports, Vol. 2: Courts of Probate and Divorce; From Michaelmas Term, 1869, to Michaelmas Term, 1872, Both Inclusive; XXXIII-XXXV Victoria
The testator requested one person to attend to witness his will and another to witness a paper. They both attended at the time and place appointed when the testator produced a paper so folded that no writing on it was visible, and informed them that in consequence of his wife's death it was necessary to make a change in his affairs, and he asked them to sign their names to it, which they did. The testator did not sign in their presence, nor did they see his signature. The paper had an attestation clause upon it in the handwriting of the testator, but not quite in the ordinary form: -
Held, that there had been a sufficient acknowledgment of the signature.
John Long, late of Sidmouth Terrace, Bermondsey, Surrey, died on the 22nd of March, 1869. The plaintiff, Thomas Beckett, as sole executor named therein, propounded a will of the deceased dated day of July, 1868. The defendants, Sarah Howe and Ann Topham, two of the next of kin of the deceased, pleaded that the will propounded was not duly executed according to the provisions of the statute 1 Vict. c. 26; and they gave notice that if the two attesting witnesses to the said will were called by the plaintiff, they only intended to cross-examine the witnesses in support of the will.
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