Nickerson v. Buck
Massachusetts Supreme Judicial Court
This case was tried before the chief justice, at May term, 1852, who reserved the case for the consideration of the whole court, upon the following report: This is an appeal from the decree of the judge of probate, allowing and admitting to probate the will of Joshua Buck, deceased, taken by a daughter and heir at law of the deceased.
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This case was tried before the chief justice, at May term, 1852, who reserved the case for the consideration of the whole court, upon the following report: This is an appeal from the decree of the judge of probate, allowing and admitting to probate the will of Joshua Buck, deceased, taken by a daughter and heir at law of the deceased. An issue had been joined upon the question of the sanity and capacity of the testator to make a will, and the case was opened to the jury; but subsequently the appellant waived all exception to the sanity and capacity of the testator, and relied only upon the…
1Opinion of the Court
Dewey, J.1
All that is requisite to the due execution of a will is the actual signature of the same, written by the testator, or by some one in his presence and by his express direction, and that the will “be attested and subscribed, in the presence of the testator, by three or more competent witnesses.” Rev. Sts. c. 62, § 6.
The signature of the testator in this case was, so far as he personally subscribed it, a signature by making a X, but his name was appended to the cross to indicate the intended signature ; and, from the comparison of handwriting, it is quite obvious that it was thus…
2Cases cited1 opinion
- Enders v. WilliamsCourt of Appeals of Kentucky · 1858
3Cited by5 opinions
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- In re the Will of HerringSupreme Court of North Carolina · 1910