Mitchell v. Mitchell

Nichols, Chief Justice.

The single question presented is whether or not the will was validly executed.

The probate court found the following as facts: The testator, Charlie Monroe Mitchell, made his mark unassisted. The words "his mark” above the "X” and the signature "Charlie Monroe Mitchell” below the "X” were made by the witness Walter Bolling, Jr., while the testator had his hand placed on the top of the pen. The testator had a limited education, was reluctant to do much signing, and signed on some occasions using an "X” whereas on other occasions he would sign "C. R. Mitchell.” His use of…