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This section contains the nature of the case and procedural background.

Testatrix's will was witnessed by three persons: Nielson, Gower (D), and a notary. In the will, Nielson received a devise of $100, and Gower received certain real property. After testatrix's death, Nielson disclaimed her gift. Testatrix's heirs (P) contested the devise to D, claiming that a gift to a subscribing witness to a will is invalid unless the will is witnessed by two other, disinterested witnesses. The trial court rejected the argument, and P appealed.

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Legal analysis from Dean's Law Dictionary will be displayed here.