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McGARVEY v. McGARVEY

[No. 125, September Term, 1978.]

286 Md. 19 (1979)

405 A.2d 250

RAYMOND C. McGARVEY, JR. v. JOSEPH J. McGARVEY ET AL.

Court of Appeals of Maryland.

Decided September 12, 1979.

Attorney(s) appearing for the Case

Richard Rubin, with whom were James T. Barbour and Thomas H. Carolan on the brief, for appellant.

Sylman I. Euzent, with whom was George A. Lahey on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, ORTH, COLE and DAVIDSON, JJ.

MURPHY, C.J., delivered the opinion of the Court.

Maryland Code (1974), § 4-102 of the Estates and Trusts Article (formerly Art. 93, § 4-102) provides that "every will shall be ... attested and signed by two or more credible witnesses in the presence of the testator." A provision requiring witnesses to attest to a will has been part of the statutory law of this state since 1798 (see ch. 101 of the Acts of 1798), and a will not attested by the requisite number...

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