Cassell's Estate

Opinion by

Mr. Justice Schaffer,

This is a will contest. The main question presented is: Where a will is executed by mark, must the mark be placed on the paper after the subscription of the name? In this instance it may have been put on the document by the testatrix before. A subsidiary question is whether there was sufficient evidence by two witnesses of the testatrix’s direction to subscribe her name.

Section 3 of the Wills Act of June 7, 1917, P. L. 403, 20 PS Sec. 192, reads as follows: “If the testator be unable to sign his name, for any reason other than the extremity of his last sickness,…