Question
Otto Halverson died testate. He was survived by 27 nieces and nephews. Otto had little formal education and had not learned how to write his
Otto Halverson died testate. He was survived by 27 nieces and nephews. Otto had little formal education and had not learned how to write his signature; therefore, he signed his name with a mark, i.e., an "X." Otto's nieces and nephews challenged the validity of his will. They claimed the will had been improperly executed because he signed with an "X."
A. Is a testator's mark, i.e., an "X," sufficient to satisfy the signature requirement for a valid will in NY state? Cite the statute or case law.
B. If there is no statute or case law on this issue in NY state, how should NY state court decide this issue?
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