Gregory v. McCabe

Opinion

STONE (W. A.), Acting P. J.

The Case and the Facts

When decedent, James I. McCabe, executed a will on November 19, 1988, 15 days before he died, he was too weak to sign his name and therefore made his mark above his typewritten name. An independent witness acknowledged decedent’s mark, signed her name and wrote the date, her address, and the word “witness” near the mark. Two other persons then signed as subscribing witnesses. We attach as an appendix a copy of that portion of the will containing the textator’s mark and the signatures of the subscribing witnesses and the independent…