What is an
Attestation Clause?
ATTESTATION CLAUSE, in affidavit,
wills and contracts; is the 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. This 'presumption is infinitely slighter, where the
writer's intention to have it regularly attested, is to be collected only from
the single word "witnesses."
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