Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/393

 Ch. 23. and tetament," is a ufficient igning, without any name at the bottom ; though the other is the afer way. It has alo been determined, that though the witnees mut all ee the tetator ign, or at leat acknowlege the igning, yet they may do it at different times . But they mut all ubcribe their names as witnees in his preence, left by any poibility they hould mitake the intrument . And, in a cae determined about twenty years ago, the judges were extremely trict in regard to the credibility, or rather the competency, of the witnees: for they would not allow any legatee, nor by conequence a creditor, where the legacies and debts were charged on the real etate, to be a competent witnes to the devie, as being too deeply concerned in interet not to wih the etablihment of the will; for, if it were etablihed, he gained a ecurity for his legacy or debt from the real etate, whereas otherwie he had no claim but on the peronal aets. This determination however alarmed many purchaors and creditors, and threatened to hake mot of the titles in the kingdom, that depended on devies by will. For, if the will was atteted by a ervant to whom wages were due, by the apothecary or attorney whoe very attendance made them creditors, or by the miniter of the parih who had any demand for tithes or eccleiatical dues, (and thee are the perons mot likely to be preent in the tetator's lat illnes) and if in uch cae the tetator had charged his real etate with the payment of his debts, the whole will, and every dipoition therein, o far as related to real property, were held to be utterly void. This occaioned the tatute 25 Geo. II. c. 6. which retored both the competency and the credit of uch legatees, by declaring void all legacies given to witnees, and thereby removing all poibility of their interet affecting their tetimony. The ame tatute likewie etablihed the competency of creditors, by directing the tetimony of all uch creditors to be admitted, but leaving their credit (as well as that of all other witnees) to be conidered, on a view of all the circumtances, by the court and Rh