M Civ JI 170.17B Will Contests: Execution - Witness Not Remembering or Denying Contents of Witnessing Clause (Will That Is Not Self-Proved)

There is near the end of the document presented as the will of the decedent a clause that reads as follows: [ Read the attestation clause exactly as it appears in the will. ]

If you find from the evidence that the [ witness / witnesses ] signed the will, you may conclude that the will was witnessed in the manner required by law even though the [ witness / witnesses ] may have stated —

(a) *(that the will was not properly witnessed, or)

(b) *(that [ he does / she does / they do ] not remember what [ he / she / they ] signed, or)

(c) *(that [ he denies / she denies / they deny ] what [ he / she / they ] signed.)

Note on Use

*The court should choose from subsections a–c those that are applicable to the case.

This instruction should be preceded by M Civ JI 170.15B Will Contests: Proving Execution of Will That Is Not Self-Proved.

Comment

MCL 700.3406(1). In re Dettling Estate, 351 Mich 335; 88 NW2d 252 (1958).

History

M Civ JI 170.17B was added March 2001 to replace M Civ JI 170.14.​