There ought to be an attestation by two witnesses of every part of a will of land; and therefore this, will, if, good at all, can only be so for the personalty.
I do not mean to question the correctness of this decision, but to excite enquiry. ' Is the date of a will more essential than the date of a deed ? If not, the will as to the lands, will be considered as a will from the time of its execution ; to be ascertain-, cd by the evidence, in. like manner, as a deed shall take effect from the time of delivery; though it has no date, or a false or impossible date, or if.it delivered before or after the date : vide Co. Litt. 6. a. 2 Rep. 5. a. 3 Leonard, 100. C. D. Fait. B. 3. If th.e date be unessential, then the act of Assembly only requires. *343tbe attestation of two to those parts of the will which are material. Besides, what is attestation ¶ Certainly an undertaking- to prove ihat which passes in his presence ; and then he is as much a witness to the word February being used by the testator to express the time of execution as to the other parts of the will. — > Judge Taylor granted a new trial in this case, but upon what ground, the Reporter does not know, having not been present.