In Re Demaris' Estate

110 P.2d 571 (1941)

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Nature of the Case

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Facts

George Demaris died leaving an estate that was appraised as worth $7,347.57. An alleged will made George's sister, D, the sole beneficiary. She is the proponent of the will. The original contestant was Amos Demaris, the father of the deceased. He died after the proceeding had begun and was succeeded as a contestant by P, his son, and executor of Amos' estate. P alleged in part improper execution. The circuit court found that at the time of the execution, George Demaris was not acting under duress, fraud or undue influence. P claimed that the will was prepared by Harold B. Gillis, in the absence of George and it was never read by nor read to him and he did not know the contents thereof at the time he subscribed his name thereto; that George Demaris subscribed his name the writing was taken into another room more than twenty-five feet from George entirely out of his sight and wholly out of his presence, where it was then signed by the said Harold B. Gillis and Jean I. Gillis, Harold's wife, as witnesses. George did not see either of the witnesses subscribe his or her name and he did not know and never did know who were witnesses. The only issues were: did the testator know (1) the contents of the instrument, and (2) the identity of the attesters; and did the attesting witnesses sign 'in the presence of the testator.' The court held for D and P appealed.