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Estate of Derry

1 Myrick 202 Court S.F. Prob. Ct. Decision date 1878-10-24 Docket No. 8710 English

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p. 202
ESTATE OF WILLIAM R. DERRY.
No. 8710
Oct. 24, 1878.

Headnote

Will.—Execution oe.—Witness’ signature by his mark attested by go-witness.
One of the witnesses to a will may write the signature of his associate witness to the will when such associate witness is unable to write, and may then write his own name as a witness that such illiterate witness has attested the execution of the will by his mark.
Construing section, C. 0., 1276.
C. Halsey, for proponent.
J. M. Allen, for contestant.
p. 203
One of the witnesses to the will did not write his name, being uneducated. The other witness, besides signing as a witness to the will, wrote the name of his associate witness, and wrote his own name as a witness to the mark of the associate.

Held, this is a good witnessing of the will.