Signature seen; will

not acknowledged.

Signature not seen;

acknow

ledged.

bonis Warden, 2 Curt. 334; Blake v. Knight, 3 Curt. 547; Gwillim v. Gwillim, 3 Sw. & T. 200; 29 L. J. Prob. 31; In bonis Huckvale, 1 P. & D. 375; Cooper v. Bockett, 3 Curt. 648; 4 Moo. P. C. 419; Beckett v. Howe, 2 P. & D. 1; Kelly v. Keatinge, I. R. 5 Eq. 174; In bonis Pearn, 1 P. D. 71. The cases of Hudson v. Parker, 1 Rob. 14; In bonis Trinder, 3 N. of C. 275, are overruled.

A request to sign a paper not declared to be a will, when the witnesses see the signature of testator, though it is not acknowledged by the testator as his signature, is sufficient. Keigwin v. Keigwin, 3 Curt. 607; Gaze v. Gaze, 3 Curt. 451; In bonis Ashmore, 3 Curt. 756; In bonis Thomson, 4 N. of C. 643; Faulds v. Jackson, 6 N. of C. suppl. 1; Leech v. Bates, 6 N. of C. 704; Inglesant v. Inglesant, 3 P. & D. 172; see, however, In bonis Arthur, 2 P. & D. 273.

But a mere request to witnesses to attest an instrument, will not the nature of which is not explained to them, and the signature to which they do not see, is not sufficient. In bonis Ashton, 5 N. of C. 548; In bonis Rawlins, 2 Curt. 326; In bonis Hammond, 3 Sw. & T. 90; In bonis Harrison, 2 Curt. 863; In bonis Pearson, 33 L. J. P. 177; Ilott v. Genge, 3 Curt. 160; 4 Moo. P. C. 265; Hudson v. Parker, 1 Rob. 14; In bonis Trinder, 3 N. of C. 275; Shaw v. Neville, 1 Jur. N. S. 408; In bonis Swinford, 1 P. & D. 630; Pearson v. Pearson, 2 P. & D. 451 ; Fischer v. Popham, 3 P. & D. 246.

When the testator's will is signed by some other person by his direction, the signature must be acknowledged by the testator in presence of two witnesses; it is not sufficient that the witnesses see the signature written if they are not present when the testator directs the signature to be made, and the will is not acknowledged as a will. Burke v. Moore, I. R. 9 Eq. 609.

In the third place, such witnesses shall attest and sub- 3. Signature by scribe the will in the presence of the testator, but no form witnesses. of attestation is necessary.

need not

each

The witnesses must subscribe in the presence of the Witnesses testator, but they need not subscribe in the presence of sign in each other. White v. British Museum, 6 Bing. 310; other's Faulds v. Jackson, 6 N. of C. sup. 1; In bonis Webb, 1 presence. Jur. N. S. 1096; 2 ib., 309; Sullivan v. Sullivan, 3 L. R. Ir. 299; see Casement v. Fulton, 5 Moo. P. C. 14.

of the

The witnesses will be considered to have subscribed in Presence the presence of the testator if, under the circumstances, testator. the testator might have seen them if he had chosen to look, though he may not have seen them. Shires v. Glascock, 2 Salk. 688; Davy v. Smith, 3 Salk. 395; Todd v. Winchelsea, M. & Malk. 12; 1 C. & P. 488; Casson v. Dade, 1 B. C. C. 99; Doe v. Manifold, 1 M. & S. 249; Winchelsea v. Wauchope, 3 Russ. 441; In bonis Newman, 1 Curt. 914; In bonis Ellis, 2 ib., 395; Newton v. Clarke, 2 ib. 320; In bonis Colman, 3 ib. 118; Tribe v. Tribe, 7 N. of C. 132; 1 Rob. 775; Norton v. Bazett, Dea. & Sw. 259; 2 Jur. N. S. 766; 3 Jur. N. S. 1084; In bonis Trinmell, 11 Jur. N. S. 248; In bonis Piercy, 1 Rob. 278; Jenner v. Ffinch, 5 P. D. 106.

The signatures of the witnesses need not be in any Position of signatures. particular part of the will, if it appears that they were intended to attest the operative signature of the testator. In bonis Davis, 3 Curt. 748; In bonis Chamney, 1 Rob. 757; Roberts v. Phillips, 4 E. & B. 450; In bonis Wilson, 1 P. & D. 269; In bonis Pearse, 1 P. & D. 382; In bonis Braddock, 1 P. D. 433.

must be

But the signatures, if not on the same paper as the Signatures will, must be on a paper physically connected with it. connected In bonis West, 12 W. R. 89; In bonis Saunders, 31 with will. L. J. P. 53; Cook v. Lambert. 32 L. J. P. 93; 3 Sw. & T. 46; In bonis Gausden, 2 Sw. & T. 362; In bonis

Witnesses must

M'Key, I. R. 11 Eq. 220; In bonis Braddock, 1 P. D. 433.

The witnesses must attest the signature, which is intended attest as an execution of the will; and where there are several operative signature. signatures, the attestation of any but that intended as an execution of the will is invalid to give effect to the will or any part of it. In bonis Martin, 6 N. of C. 694; 1 Rob. 712; Ewen v. Franklin, Deane 7, 1 Jur. N. S. 1220; Sweetland v. Sweetland, 4 Sw. & T. 6; 34 L. J. P. 42; 13 W. R. 504; Phipps v. Hale, 3 P. & D. 166; In bonis Dilkes, 3 P. & D. 164.

Intention to attest.

Form of signature.

The attesting witnesses must subscribe with the intention, that the subscriptions made should be a complete attestation of the will, and evidence is admissible to show whether such was the intention or not. In bonis Wilson, 1 P. & D. 269; In bonis Sharman, 1 P. & D. 661; Griffiths v. Griffiths, 2 P. & D. 300; In bonis Murphy, I. R. 8 Eq. 300.

Adding an address to, or correcting a signature already made, or writing a Christian name when the witness is unable to complete his signature, is insufficient. In bonis Trevanion, 2 Rob. 315; 14 Jur. 919; Hindmarsh v. Charlton, 1 Sw. & T. 433; 8 H. L. 160; In bonis Maddock, 3 P. & D. 169; M'Conville v. M Creesh, 3 L. R. Ir. 73.

So a witness writing the name of a second witness opposite the mark of the latter cannot be said to subscribe. In bonis Eynon, 3 P. & D. 92.

A signature made without any intention of attesting will be excluded from probate. In bonis Sharman, 1 P. & D. 661; In bonis Murphy, I. R. 8 Eq. 300.

Witnesses need not sign by name; initials, or a description, or a mark, are sufficient. In bonis Christian, 2 Rob. 110; 7 N. of C. 265; In bonis Martin, 6 N. of C. 694; In bonis Sperling, 3 Sw. & T. 272; 12 W. R. 354; In bonis Amiss, 2 Rob. 116; In bonis Ashmore, 3 Curt. 756.

But a seal is insufficient. In bonis Byrd, 3 Curt. 117. One witness cannot sign for another. In bonis White, 2 N. of C. 461; In bonis Middleton, 33 L. J. P. 16; Re Duggins, 39 L. J. P. 34.

Nor can a third person sign for a witness. In bonis Cope, 2 Rob. 335; Pryor v. Pryor, 29 L. J. P. 114.

But a witness or a third person may guide the hand of the second witness, or may subscribe for the witness if the witness holds the top of the pen while the signature is being made Harrison v. Elvin, 3 Q. B. 117, 2 G. & D. 769; In bonis Frith, 4 Jur. N. S. 288; 27 L. J. P. 6; In bonis Lewis, 31 L. J. P. 153; 7 Jur. N. S. 688; see In bonis Kilcher, 6 N. of C. 15.

The papers found at the testator's death to compose his will must, in the absence of proof to the contrary, be presumed to be the will executed by him. Gregory v. Queen's Proctor, 4 N. of C. 620; Marsh v. Marsh, 1 Sw. & T. 528; Rees v. Rees, 3 P. & D. 84.

Blank spaces.

Evidence when

CHAPTER V.

ALTERATIONS, INTERLINEATIONS AND ERASURES.

IT is immaterial that the will contains blank spaces. or even a blank page. Corneby v. Gibbons, 1 Rob. 705. In bonis Rice, I. R. 5 Eq. 176. In bonis Wotton, 3 P. & D. 159.

Oral and written declarations of a testator made before or after the execution of the will are admissible in evidence for the purpose of showing what were the constituent parts of the will at the time of execution. Gould v. Lakes, 1 P. D. 6.

Where a will contains obliterations, additions, or other alterations alterations, evidence must, if possible, be produced to show made. when they were made. In bonis Hindmarch, 1 P. & D. 307; In bonis Duffy, I. R. 5 Eq. 506; Moore v. Moore, I. R. 6 Eq. 166.

Presumption as to altera

tions.

For this purpose declarations of the testator with regard to his testamentary intentions made before the date of the will are admissible. Doe v. Palmer, 15 Q. B. 747. In bonis Sykes, 3 P. & D. 26; Dench v. Dench, 2 P. D. 60.

The fact that a date earlier than the date of the will is annexed to alterations is not alone sufficient to show that they were made before execution. In bonis Adamson, 3 P. & D. 253.

Alterations made in ink before execution will be presumed to be final. Gann v. Gregory, 3 D. M. & G. 780; Ibbott v. Bell, 35 B. 395.