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A mark made by the testator at the proper place on his will with the intent that it constitute his signature and evidence his assent to the will is sufficient to satisfy the statutory requirement that he sign his will.
The testator signed his will in the presence of witnesses by using a mark, similar to an X, instead of writing his own name. The lower courts refused to admit this will into probate on the ground that mark was not a sufficient signing of the will under Fla. Stat. Ann. ch. 731.07. Petitioner, administrator of decedent's estate, appealed.
Could the mark be considered a sufficient signing of the will under Fla. Stat. Ann. ch. 731.07?
The court reversed the judgment, holding that under Fla. Stat. Ann. 731.07 a testator could execute his will by making a mark in lieu of writing his alphabetical name. The only requirement of the statute was that the testator sign his will at the end thereof and a mark complied with this statutory mandate if the testator's intent was that the mark constituted his signature and evidenced his assent to the will.