Stevens v. Casdorph
Supreme Court of Appeals of West Virginia
508 S.E.2d 610 (1998)
Homer Miller, elderly and confined to a wheelchair, executed his will at a bank where a notary witnessed his signature; the notary then carried the will to two tellers in the lobby, who signed as witnesses separately from each other and from Miller, since he never accompanied the notary to their work area. Miller's will left most of his estate to the Casdorphs (proponents), and his nieces, the Stevenses (opponents), challenged the will's validity. The lower court granted summary judgment for the Casdorphs, finding the witnesses had signed "in Miller's presence," and the Stevenses appealed.
Whether a will is enforceable when it was witnessed outside the presence of the testator, contrary to statutory requirements, and the witnesses did not acknowledge their signatures in the presence of each other and the testator.