Northcutt v. Northcutt
Supreme Court of Missouri
Appeal from Boone Circuit Court. This was a proceeding to vacate the will of William Nortb-ctttt, previously established in the Roone county court.
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Appeal from Boone Circuit Court. This was a proceeding to vacate the will of William Nortb-ctttt, previously established in the Roone county court. The will was executed in 1846, before the repeal of the fifth section of the act concerning “wills,” (R. C. 1845.) Upon a jury trial of the question whether the instrument was the will of the deceased, the proof was, that one of the subscribing witnesses signed the testator’s name at his request, and that thereupon, the testator made his mark in the usual manner, by putting a cross between his Christian and símame ; but there was no statement upon…
1Opinion of the CourtScott, Judge
1. The cases which have fallen under our notice, in which it has been held that the making of a mark was-a sufficient signing *268under the statute of wills, (29 Chas. II,) of which ours is a copy in this respect, are those in which the will was authenticated by the mark of the testator alone without his name. (5 John. 144.) In the matter of Field, (7 Eng. Ecclesiastic Rep. 576.) In the matter of Bryce, id. 128. Baker v. Dening, 35 E. C. L. Rep. 335.) Admitting that the making of a cross is a sufficient signing within the statute, yet it should appear that the testator relied on that act alone as…
2Cases cited1 opinion
- Jackson v. Van DusenNew York Supreme Court · 1809
3Cited by4 opinions
- Walton v. KendrickSupreme Court of Missouri · 1894
- Catlett v. CatlettSupreme Court of Missouri · 1874
- Wilson v. CraigWashington Supreme Court · 1915
- Simpson v. SimpsonSupreme Court of Missouri · 1858