¶1(concurring specially). Appellants contend that the will involved in this controversy is invalid: (1) Because there was no sufficient publication thereof; and (2) because the testator was insane and hence incapable of making a will. Both questions were decided against the contentions of the appellants both by the county and the district courts. And, in my opinion, the findings of the trial court are amply sustained by the evidence, and the judgment should be affirmed.
41 ND 506
Edwardson v. Gerwien
Decided February 5, 1919
North Dakota Supreme Court · decided 1919-02-05
Fisks J. “The request may be valid, although made before a testator has signed the will, on a previous day, or after the witnesses have signed.” 40 Cyc. 1115, 1116. The request to the witnesses to sign may be made by words or signs. No particular form of request is necessary, and it may be implied from acts. 30 Am. & Eng. Enc. Law, 596; 1 Schouler, Wills, § 329; 40 Cyc. 1115, 1116; Rogers v. Diamond, 13 Ark. 474; Schierbaum v. Sehemme, 157 Mo. 1, 80 Am.
Affirmed · Decided 1919-02-05