903. Subscribing Witness Testimony Not Necessary

 

Section 903.    Subscribing Witness Testimony Not Necessary

The testimony of a subscribing witness is not necessary to authenticate a writing unless required by the laws of the jurisdiction whose laws govern the validity of the writing.

NOTE

This section is derived from G. L. c. 233, 68, and Mass. R. Civ. P. 8(b) (The signature to an instrument set forth in any pleading shall be taken as admitted unless a party specifically denies its genuineness.).

Authentication of wills in uncontested proceedings is governed by G. L. c. 192, 2. Authentication of a will in a contested proceeding requires a greater level of support. See Goodwin v. Riordan, 333 Mass. 317, 318319, 130 N.E.2d 569, 570 (1955); Werber v. Werber, 62 Mass. App. Ct. 927, 927‌928, 818 N.E.2d 630, 631632 (2004).

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