Jackson v. Jackson Hospitals, Inc.

In this contest of the probate of the purported will of William A. Jackson, a major question is whether the evidence supports a special verdict that Jackson did not either by words or conduct declare to the attesting witnesses, both being present at the same time, that the instrument which they signed was his will.

According to the testimony of one of the witnesses, every requirement for the execution of a written will not entirely in the handwriting of the testator was complied with. According to the other witness, Clement Ford, there was a failure of the testator to declare to the witnesses that the instrument signed by them was his will.

Appellants, proponents of the will, claim that Ford’s testimony was too insubstantial in character to support the special verdict on that subject. We do not so view it. A brief summary of Ford’s testimony will demonstrate its substantial character.

Mr. Ford testified that he was at Mr. Jackson’s residence and Mr. Jackson asked him to sign a document. He said, “Clem, come over and witness my signature.” Jackson had already signed. Ford was not present when Jackson signed but recognized the signature as Jackson’s. Nobody told Ford the document…