1. 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 your state? Cite the statute or case law.

B. In your opinion, if there is no statute or case law on this issue in your state, how should your state court decide this issue? Read the case of In re Estate of Hobelsberger, a link for which can be found under "Required Resources" in this week's Course Module.

1. Erik Larson handwrote a three-page will in pencil. At the end of the business day, he took the will to an attorney and asked that it be typed. Since Erik mentioned that he was leaving on a vacation and would be out of state for one week, the paralegal for the firm asked if he would like to sign the handwritten (holographic) will. Erik did sign the will, but he also stated that he would return after his trip to sign "his will," i.e., the typed will. While on vacation, Erik became ill and died. Answer the following:

A. Is a signed holographic will a valid will in your state?

B. Are witnesses required for a holographic will?

C. Should the executed holographic will operate as Erik's will pending the execution of the typewritten will? Explain.