ATTESTATION. A formal witnessing of a signature.
In the case of a will, the testator's signa ture must be made, or acknowledged, by the testator in the presence of two or more witnesses present at the same time, each of whom must attest or " witness " the will. There is no special form of attestation necessary, but the following is a common attestation clause : " Signed by the said , the testator, in the presence of us, both present at the same time, who in his presence and at his request and in the presence of each other have hereunto set our names as witnesses.
The witnesses give their names, addresses and descriptions. A legacy to a witness or to the wife of a witness is void.
"Where a signature is witnessed, as in the case of a transfer of shares, the form is usually : " Signed. sealed, and delivered by the above named in the presence of ' Signature ' .1ddress ' Occu pa non When a transfer is executed out of Great Britain the signature should be attested by H.M. Consul or Vice-Consul, a clergyman, magistrate, notary public, or other person holding a public appointment. When a witness is a female, she must state whether she is a spinster, wife or widow ; and if a wife she must give her husband's name, address and occupation.
Where any material alterations or inter lineations have been made in a deed, they should be referred to in the attestation clause as having been made before execution of the document.
In a document under hand, a witness often signs simply as :—" Witness, John Brown," and gives his address and description.
In Scotland, as for example where a cus tomer signs a banker's printed memorandum of deposit, a clause called the " testing clause." in the following form is included before he signs :— " In witness whereof these presents in so far as not printed written by [name of person who filled up the form] and subscribed by me the said at upon the day of one thousand nine hundred and before these witnesses of [description] and of [description].
[Fitness.
Witness." The testing clause in a Scotch deed also states the number of pages on which it is writt •1. and mentions any important altera tions which have been made in the document.
Where a signature by " mark " is wit nessed, the form is : his John >: Brown.
mark Witness, John Jones, Warwick Road, Carlisle, Builder.
In banks it is customary for two persons to witness a " mark." In the case of a deed which is executed by a " mark," the words used are to the follow ing effect : " Signed, sealed, and delivered by the above-named John Brown, he having signed by a mark in consequence of being unable to sign his name. in the presence of us, the deed having first been read over and explained to him when he appeared perfectly to understand the same." In Scotland, when a person is unable to write, a deed must be executed for him by a notary public or a justice of the peace in the presence of two witnesses, as a deed cannot be executed by a mark.