and teſtament," is a ſufficient ſigning, without any name at the bottom[1]; though the other is the ſafer way. It has alſo been determined, that though the witneſſes muſt all ſee the teſtator ſign, or at leaſt acknowlege the ſigning, yet they may do it at different times[2]. But they muſt all ſubſcribe their names as witneſſes in his preſence, left by any poſſibility they ſhould miſtake the inſtrument[3]. And, in a caſe determined about twenty years ago[4], the judges were extremely ſtrict in regard to the credibility, or rather the competency, of the witneſſes: for they would not allow any legatee, nor by conſequence a creditor, where the legacies and debts were charged on the real eſtate, to be a competent witneſs to the deviſe, as being too deeply concerned in intereſt not to wiſh the eſtabliſhment of the will; for, if it were eſtabliſhed, he gained a ſecurity for his legacy or debt from the real eſtate, whereas otherwiſe he had no claim but on the perſonal aſſets. This determination however alarmed many purchaſors and creditors, and threatened to ſhake moſt of the titles in the kingdom, that depended on deviſes by will. For, if the will was atteſted by a ſervant to whom wages were due, by the apothecary or attorney whoſe very attendance made them creditors, or by the miniſter of the pariſh who had any demand for tithes or eccleſiaſtical dues, (and theſe are the perſons moſt likely to be preſent in the teſtator's laſt illneſs) and if in ſuch caſe the teſtator had charged his real eſtate with the payment of his debts, the whole will, and every diſpoſition therein, ſo far as related to real property, were held to be utterly void. This occaſioned the ſtatute 25 Geo. II. c. 6. which reſtored both the competency and the credit of ſuch legatees, by declaring void all legacies given to witneſſes, and thereby removing all poſſibility of their intereſt affecting their teſtimony. The ſame ſtatute likewiſe eſtabliſhed the competency of creditors, by directing the teſtimony of all ſuch creditors to be admitted, but leaving their credit (as well as that of all other witneſſes) to be conſidered, on a view of all the circumſtances, by the court and
