attesting witness

attesting witness

see ATTESTATION.

ATTESTING WITNESS. One who, upon being required by the parties to an instrument, signs his name to it to prove it, and for the purpose of identification.
     2. The witness must be desired by the parties to attest it, for unless this be done, he will not be an attesting witness, although he may have seen the parties execute it. 3 Campb. 232. See Competent witness; Credible witness; Disinterested witness; Respectable witness; Subscribing witness; and Witness; Witness instrumentary; 5 Watts, 399; 3 Bin. 194.

References in classic literature ?
Noel Vanstone, with the names of two attesting witnesses, and the date (of which he is quite certain) -- the thirtieth of September last.
(c) A person who has been arrested or detained and is being held in custody in a police station or interrogation centre or other lock up shall be entitled to have one friend or relative or other person known to him or having interest in his welfare being informed, as soon as practicable, that he has been arrested and is being detained at the particular place unless the attesting witness of the memo of arrest is himself and such a friend or a relative of the arrestee
(d) A communication is relevant to an issue concerning the intention or competence of a client executing an attested document to which the lawyer is an attesting witness, or concerning the execution or attestation of the document.
Thus, an estate planning lawyer who is an attesting witness to a will or trust instrument may, pursuant to subpoena, testify with respect to the circumstances surrounding execution of the instrument, including opinions on the issue of the client's competence at the time.
In the ordinary case, the facts and circumstances surrounding execution or attestation of a will or trust would not fall within the statutory definition of "confidential communications," given that the purpose of attesting witnesses is to provide persons who can disclose that the requirements of execution were met.
They argued that the Deed of Donation executed by Tina in favor of Lina was void for lack of acknowledgment by the attesting witnesses thereto before notary public, and the donation was a disposition mortis causa which failed to comply with the provisions of the Civil Code regarding formalities of wills and testaments, hence, it was void.
In fact, the attesting witnesses failed to acknowledge the deed before the notary public, thus violating Article 806 of the Civil Code which provides:
Under ordinary circumstances, as long as a nurse is satisfied that a patient is competent, she may witness a patient's execution of his or her will by signing her name in the presence of the testator or testatrix and in the presence of each of the one or more other attesting witnesses as dictated by the laws of the particular state in which the will is executed.