What is ATTESTATION? Definition of ATTESTATION in Black's Law Dictionary
The act of witnessing an instrument in writing, at the request of the party making the same, and subscribing it as a witness. In re Jones' Estate, 101 Wash. 128, 172 P. 206, 207. The act of witnessing the execution of a paper and subscribing the name of the witness in testimony of such fact. In re Carlson's Estate, 156 Or. 597, 68 P.2d 119, 121.
Execution and attestation are clearly distinct formalities ; the former being the act of the party, the latter of the witnesses only. Subscription differs from attestation, in that the former is the mere manual or mechanical act of signing—the act of the hand, whereas the latter signifies the mental act of bearing witness to—the act of the senses. In re Smith's Estate, 130 Neb. 739, 266 N.W. 611, 613.
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