ESTATE OF WILLIAM R. DERRY.

No. 8710--Oct. 24, 1878.

WILL.--EXECUTION OF.--Witness’ signature by his mark ATTESTED BY CO-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. C., 1276.

C. Halsey, for proponent.

J. M. Allen, for contestant.

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.

Transcribed by Pat Seabolt.

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© 2007 Pat Seabolt.

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