WILLS-NECESSITY OF SIGNATURE-STATUTORY REQUIREMENTS SATISFIED BY TYPEWRITTEN NAME

Authors

Craig E. Davids S.Ed., University of Michigan Law SchoolFollow

Abstract

Testatrix, having predeceased her husband by three hours, was believed to have died intestate, and her property passed to her husband's estate. Appellee, mother of testatrix, filed a claim against the estate for money owed by her daughter and son-in-law. A year after her claim had been settled by appellants, appellee filed for probate testatrix's will, in which appellee was named the sole legatee. The signature affixed to the instrument was not in the handwriting of testatrix but consisted only of her typewritten name, which testatrix had acknowledged as her signature before two witnesses on separate occasions. The lower court admitted the will to probate, holding that a typewritten name, if properly witnessed, constituted a sufficient signature to comply with the requirement of the Texas will statute. Held, affirmed. Zaruba v. Schumaker, (Tex. Civ. App. 1944) 178 S.W. (2d) 542.

Recommended Citation

Craig E. Davids S.Ed., WILLS-NECESSITY OF SIGNATURE-STATUTORY REQUIREMENTS SATISFIED BY TYPEWRITTEN NAME, 43 Mich. L. Rev. 808 (1945).
Available at: https://repository.law.umich.edu/mlr/vol43/iss4/14