Writing; witnesses
Sec. 2. (a) All wills except nuncupative wills shall be executed in
writing.
(b) Any person competent at the time of attestation to be a witness
generally in this state may act as an attesting witness to the execution
of a will and his subsequent incompetency shall not prevent the
probate thereof.
(c) If any person shall be a subscribing witness to the execution
of any will in which any interest is passed to him, and such will
cannot be proved without his testimony or proof of his signature
thereto as a witness, such will shall be void only as to him and
persons claiming under him, and he shall be compelled to testify
respecting the execution of such will as if no such interest had been
passed to him; but if he would have been entitled to a distributive
share of the testator's estate except for such will, then so much of
said estate as said witness would have been thus entitled to, not
exceeding the value of such interest passed to him by such will, shall
be saved to him.
(d) No attesting witness is interested unless the will gives to him
some personal and beneficial interest. The fact that a person is named
in the will as executor, trustee, or guardian, or as counsel for the
estate, personal representative, trustee or guardian does not make him
an interested person.
(Formerly: Acts 1953, c.112, s.502.)
Last modified: May 27, 2006