Guthrie v. Price
Supreme Court of Arkansas
Error to White Circuit Court. Hon. William C. B'evbns, Circuit Judge. The court seems to have refused the instruction of the defen* dants below, on the ground that the making of a mark by the testatrix is not a subscribing; and that in case the party signs by making a mark, it must appear that her name was written by one of the subscribing witnesses.
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Error to White Circuit Court. Hon. William C. B'evbns, Circuit Judge. The court seems to have refused the instruction of the defen* dants below, on the ground that the making of a mark by the testatrix is not a subscribing; and that in case the party signs by making a mark, it must appear that her name was written by one of the subscribing witnesses. The question presented then, is whether the execution of a will by making a mark isa sufficient compliance with that clause of the statute, which requires that it must be subscribed by the testator at the end of the will. This question was…
1Opinion of the CourtChief Justice English
This was an issue of devisavit vel non, determined in the circuit court of White county.
The validity of the will of Susan Guthrie, which had been regularly probated, was contested by Fielding Price, and wife Mary, and Joseph Price, and wife Martha, the sons-in-law and daughters of Mrs. Price. The defendants in the petition were Nelson Guthrie and four others, the sons of the testatrix.
The name of Susan Guthrie was subscribed to the will, and between her Christian and surname was her mark, in the form of a cross.
It seems that she had two daughters, the contestants, and five sons. The…
2Cases cited1 opinion
- In re the Will of CorneliusSupreme Court of Arkansas · 1854
3Cited by8 opinions
- Smith v. BoswellSupreme Court of Arkansas · 1909
- Scott v. HawkSupreme Court of Iowa · 1898
- Collis v. WalkerMassachusetts Supreme Judicial Court · 1930
- Miller v. CarrSupreme Court of Arkansas · 1910
- Bocquin v. TheurerSupreme Court of Arkansas · 1918
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