633.295  Testimony of witnesses.

The proof may be made by the oral or written testimony of one or more of the subscribing witnesses to the will. If such testimony is in writing, it shall be substantially in the following form executed and sworn to after the death of the decedent: 

In the District Court of Iowa In and for . . . . . . County


 In the Matter of the Estate of . . . . . .                                                                                            
 . . . . . . , Deceased                                                                                                                
 Probate No. . . . .                                                                                                               
 Testimony of Subscribing                                                                                                        
 Witness on Probate of Will.                                                                                                     
 State of . . . . . .   )                                                                                                           
 . . . . . .  County    ) ss 

I, . . . . . . , being first duly sworn, state:

I reside in the County of . . . . . . , State of . . . . . . ; I knew the testator on the . . . . day of . . . . . . (month), . . . (year), the date of the instrument, the original or exact reproduction of which is attached hereto, now shown to me, and purporting to be the last will and testament of the said . . . . . . , deceased; I am one of the subscribing witnesses to said instrument; at the said date of said instrument, I knew . . . . . . , the other subscribing witness; that said instrument was exhibited to me and to the other subscribing witness by the testator, who declared the same to be the testator's last will and testament, and was signed by the testator at . . . . . . , in the County of . . . . . . , State of . . . . . . , on the date shown in said instrument, in the presence of myself and the other subscribing witness; and the other subscribing witness and I then and there, at the request of the testator, in the presence of said testator and in the presence of each other, subscribed our names thereto as witnesses.


           . . . . . . . . .                                                                                                                      
           Name of witness                                                                                                          
           . . . . . . . . .                                                                                                                      
           Address

Subscribed and sworn to before me this . . . . day of . . . . . . (month), . . . (year)


           . . . . . . . . .                                                                                                                      
           Notary Public in and for the                                                                                             
 

(Seal)          State of . . . . . . 

(Seal)          State of . . . . . . 

Section History: Early form

  [C66, 71, 73, 75, 77, 79, 81, § 633.295]

Section History: Recent form

  2000 Acts, ch 1058, §56

Internal References

  Referred to in § 633.296, 633.319


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