Morsek's Hypotheticals Flashcards
Timothy signs his will in a hospital bed and then lies down on his back. Wendy and Wyatt, the two witnesses, take the will into the hallway to sign it.
Is the conscious presence test test satisfied?
Possibly. If Timothy could have seen Wendy and Wyatt sign the will through the doorway should he choose to look, then, yes, the line of sight test would be satisfied. However, if the wall obstructed his view, then Wendy and Wyatt did not sign the will in his presence. Probate would be denied.
Timothy signs his will in a hospital bed and then lies down on his back. Wendy and Wyatt, the two witnesses, take the will into the hallway to sign it.
Is the line of sight test satisfied?
Probably. If Timothy could see, hear, or through general consciousness of events comprehend that Wendy and Wyatt are in the act of signing the will, they would have signed the will in Timothy’s presence.
