Estate of Taney

The deceased was an unlettered man; could neither read nor write. At his request his friend Elligot, using a printed blank, filled out a paper intended for a will. It was prepared under Taney’s immediate supervision, and according to his instructions. After keeping it about three weeks, Taney desired to have it executed, and requested Elligot to write his (Taney’s) name, which he did at the foot of the paper, and Taney made a M at the end of his name. Some two or three days after that, Taney and Elligot, knowing that it was necessary to have two witnesses, went to a neighboring house and found two acquaintances. Taney, producing the paper from his pocket, said to the persons, “ I want you to witness my will;” or, as one of the witnesses remembered, “I wish that you would witness this will.” Taney .placed the paper on the table, and both the witnesses signed the printed attesting clause. Taney did not say anything about his signature, nor his mark, nor about his having had his name signed. One of the witnesses did not see any signature of Taney’s name, and the other does not know whether he saw it or not. Their attention was not called to the signature. Elligot’s name does not…