In re the Last Will of Guilfoyle

— Proceeding to revoke the probate of the will of the deceased.

The bill of exceptions shows that the matter was submitted to the court on the following stipulation as to the facts:—

From these facts the court concluded “that said document is not subscribed at the end thereof by the testatrix herself, nor did any one, in the presence of the testatrix, and by her direction, subscribe the name of the testatrix thereto,” and accordingly revoked its former orders admitting the document to probate and appointing an administratrix.

From these orders revoking the probate and the appointment of an administratrix, the proponents and .administratrix bring this appeal.

As to what amounts to a “signing” by a testator un *600 der the statute of 29 Carolus II., it is said, in Jarman on Wills (p. 201): “It has been decided that a mark is sufficient, and that notwithstanding the testator is able to write, and though his name does not appear on the face of the will.” To the same effect is section 303 of Schouler on Wills, citing American cases.

Section 14 of the Civil Code provides that “ ‘signature’ or ‘ subscription ’ includes mark, when the person cannot write, his name being written near…