US Laws, Codes, Statutes & Cases

      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.