THE COMPETENCY OF TESTAMENTARY WITNESSES
Evans, Alvin E.
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Abstract
The famous controversy between Lord Mansfield and Lord Camden in Doe d. Hindson v. Kersey is not merely a matter of history. Every lawyer knows that under the Statute of Wills of 1540 it was unnecessary that a will be attested. It is also remembered that the Statute of Frauds required devises only to be attested by credible witnesses, and did not apply to written testaments by which personalty was bequeathed; and that until the passing of the Wills Act in 1837 in England, an unattested testament could pass personalty but that thereafter such was no longer the case.