Rosato's Estate

Opinion by

Mr. Justice Schaffer,

The question propounded by the appellants in this case is: May a testator, who is able to write his name, sign a will by mark instead, if he chooses to do so? We are of opinion that he may. On this record, however, we are not convinced that the testator was able to write his name freely when he executed his will, for the reason which will hereafter be stated.

At the outset it should be noted that it is admitted the will was prepared in accordance with testator’s directions, by a lawyer in good standing selected by him, and that he executed it by his mark in the…