ATTESTATION CLAUSE

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ATTESTATION CLAUSE


ATTESTATION CLAUSE, wills and contracts. That clause wherein the witnesses certify that the instrument has been executed before them, and the manner ofthe execution of the same. The usual attestation clause to a will, is in thefollowing formula, to wit: "Signed, sealed, published and declared by theabove named A B, as and for his last will and testament, in the presence ofus, who have hereunto subscribed our names as the witnesses thereto, in thepresence of the said testator, and of each other." That of deeds isgenerally in these words "Sealed and delivered in the presence of us." 2. When there is an attestation clause to a will, unsubscribed bywitnesses, the presumption, though slight, is that the will is in anunfinished state; and it must be removed by some extrinsic circumstances. 2Eccl. Rep. 60. This 'presumption is infinitely slighter, where the writer'sintention to have it regularly attested, is to be collected only from thesingle word "witnesses." Id. 214. See 3 Phillim. R. 323; S. C. 1 Eng. Eccl.R. 407.

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