Plate's Estate

Citations

• 148 Pa. 55
• 23 A. 1038
• 1892 Pa. LEXIS 907

Syllabus

<p>Will — Signature.</p> <p>Exactly what constitutes a signing has never been reduced to a judicial formula, but barring any sudden incapacity to complete the signature by reason oí the extremity of last sickness, it is an indispensable element that the signature actually made shall be a full and complete signature according to the intention and understanding of the testator.</p> <p>Execution of a will by a mark, authorized by the act of assembly, can only be by a mark made with the intention of executing the will.</p> <p>Where the testator started to write his name and made a stroke which bore no resemblance to the form of mark ordinarily used for such purpose, and which two witnesses professed to recognize as the first part of the initial of his name, and then stopped and said, “ I can’t sign it now,”</p> <p>Held, that the intention to execute by mark is affirmatively disproved.</p>