ATTESTATION CLAUSE
(bouvier) | ATTESTATION CLAUSE, wills and contracts. That 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."
2. 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. 2
Eccl. Rep. 60. 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." Id. 214. See 3 Phillim. R. 323; S. C. 1 Eng. Eccl.
R. 407.
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