Sec. 45a-258. (Formerly Sec. 45-172). Devise or bequest to subscribing witness.
Sec. 45a-258. (Formerly Sec. 45-172). Devise or bequest to subscribing witness. Every devise or bequest given in any will or codicil to a subscribing witness, or
to the husband or wife of such subscribing witness, shall be void unless such will or
codicil is legally attested without the signature of such witness, or unless such devisee
or legatee is an heir to the testator. The competency of such witness shall not be affected
by any such devise or bequest. The interest of any witness in any community, church,
society, association or corporation, beneficially interested in any devise or bequest, shall
not affect such devise or bequest or the competency of such witness.
(1949 Rev., S. 6952; P.A. 80-476, S. 234.)
History: P.A. 80-476 made minor change in wording; Sec. 45-172 transferred to Sec. 45a-258 in 1991.
Annotations to former section 45-172:
At common law legatee could not be witness. 2 R. 313. Inhabitant of school district legatee competent witness. 1 D.
35. At common law, increase of fund in which witness is interested renders him incompetent. 6 C. 108. Unnecessary that
devise to heir should be the same as he would have inherited if no will were made. 23 C. 8. Witness must be competent at
time of attestation. 26 C. 199. Cited. 57 C. 282; 98 C. 334. Doctrine of dependent relative revocation applied. 140 C. 311.
Cited. 156 C. 580.