\ɐtɪstˈe͡ɪʃən klˈɔːz], \ɐtɪstˈeɪʃən klˈɔːz], \ɐ_t_ɪ_s_t_ˈeɪ_ʃ_ə_n k_l_ˈɔː_z]\
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By Henry Campbell Black
Wills and contracts. That clause wherein the witnesses certify that the instrument has been executed before them, and the manner of the execution of the same. The usual attestation clause to a will, is in the following formula, to wit: "Signed, sealed, published and declared by the above named A B, as and for his last will and testament, in the presence of us, who have hereunto subscribed our names as the witnesses thereto, in the presence of the said testator, and of each other." That of deeds is generally in these words " Sealed and delivered in the presence of us."
When there is an attestation clause to a will, unsubscribed by witnesses, the presumption, though slight, is that the will is in an unfinished state; and it must be removed by some extrinsic circumstances. 2 Eccl. Rep. 60. This 'presumption is infinitely slighter, where the writer's iutention to have it regularly attested, is to be collected only from the single vord " witnesses." Id. 214. See 3 Phillim. R. 323; S. C. 1 Eng. Eccl. R. 407.
By John Bouvier
Word of the day
- perennial woodland herbs waterleaf plant family of the order Solanales, subclass Asteridae, class Magnoliopsida. They have alternate leaves, regular flowers with five-lobed corollas (united petals), and a one- or two-celled ovary.