Will Construction

In the matter of John E. Jordan, deceased, Pike App. No. 08 CA 773, 2008-Ohio-4385. Decedent attempted to execute a will that left his entire estate to a granddaughter. The will was drafted by a notary at the church and signed by the notary and a friend. However, they did not designate that they signed as witnesses. Granddaughter sought to probate the will under Revised Code 2107.24 that allows wills that do not otherwise comply with the statutory formalities required of a will to be admitted to probate if there is clear and convincing evidence that the decedent caused the document to be prepared, that he intended it to be a will, and that two or more witnesses saw the decedent sign it. Probate court admitted the will over the objection of the decedent's son and the court of appeals affirmed. The court of appeals concluded that the witness' testimony established the document contained the testator's "wishes" as it relates to his assets and that the two witnesses saw the testator sign the will and acknowledge that it was his will. The probate court concluded there was some credible competent evidence supporting the probate court's finding that the two witnesses saw the testator sign the document purporting to be his will.