Weiss v. Hanscom

Opinion op the Court by

Yan Sant, Commissioner

Affirming.

On the first day of February, 1946, Mrs. Eliza O’Neil touched a pen on a cross-mark made at the end of a typewritten instrument which purports to be her last will and testament. The cross-mark was made by a person whose identity is not disclosed in the record, but who is referred to in the evidence as “Miss Mary.” The marking and the touching of the pen were enacted before two witnesses, one of whom, at the request of ■the testatrix, subscribed her name as an attesting wit ness, and the other, who was not requested by the testatrix, but…