DE GALA V.

GONZALES
Emergency Recitation:
Gonzales (testator), instead of signing, placed her thumb-mark on the proper places
in the will !hen she died, "e Gala (testator#s niece) presented the will for probate
$polinario (testator#s nephew) opposed the probate because the will allegedly did not
comply with the formal re%uirements mandated by the law
&''(E: !hether or not the re%uirement that the will be )signed* has been satisfied if
the signature is made by the testator#s thumbark +E'
!hen the law says that the will shall be ,signed# by the testator, or testatri-, the law
is fulfilled not only by the customary written signature but by the testator or
testatri-# thumb-mark $ signature re%uiring a will to be ,signed# is satisfied if the
signature is made by the testator#s mark
'igning by thumb mark, although not stated in the attestation clause, but e-plained
in the last clause of the body of the will, is .alid
&t may be conceded that the attestation clause does not, standing alone, meet the
re%uirements of the statute, but taken in connection with the last clause of the body
of the will, it is fairly clear and sufficiently carries out the legislati.e intent
/$01':
Gonzales e-ecuted a will in which "e Gala, her niece, was designated
e-ecutri- Gonzales died lea.ing no heirs by force of law
"e Gala presented the will for probate $polinario, a nephew of the deceased,
filed an opposition to the will on the ground that it had not been e-ecuted in
conformity with the pro.isions of section 234 of the 0ode of 0i.il 5rocedure
1he court declared the will .alid and admitted it to probate
$ppellant $polinario argue that the will in %uestion was not e-ecuted in the
form prescribed by section 234 of the 0ode of 0i.il 5rocedure
3

1he principal points raised by the appeal are:

(3) that the person re%uested to sign the name of the testatri- signed
only the latter6s name and not her own7
1
'ec 234 8o will, e-cept as pro.ided in the preceding section, shall be .alid to pass any estate, real or
personal, nor charge or affect the same, unless it be written in the language or dialect known by the
testator and signed by him, or by the testator6s name written by some other person in his presence, and
by his e-press direction, and attested and subscribed by three or more credible witnesses in the presence
of the testator and of each other The testator or the person requested by him to write his name
and the instrumental witnesses o the will! shall also si"n! as aoresaid! ea#h and e$ery pa"e
thereo! on the left margin, and said pages shall be numbered correlati.ely in letters placed on the upper
part of each sheet 1he attestation shall state the number of sheets or pages used, upon which the will is
written, and the fact that the testator signed the will and e.ery page thereof, or caused some other person
to write his name, under his e-press direction, in the presence of three witnesses, and the latter
witnessed and signed the will and all pages thereof in the presence of the testator and of each other
(9) that the attestation clause does not mention the placing of the
thumb-mark of the testatri- in the will7 and
(:) that the fact that the will had been signed in the presence of the
witnesses was not stated in the attestation clause but only in the last
paragraph of the body of the will
&''(E:
!;8 the principal points stated abo.e will in.alidate the will < 8;=
>E?":
1he orders appealed from are hereby affirmed without costs 'o ordered
R$1&;:
1he law pro.ides that ,the testator or the person re%uested by him to write
his name and the instrumental witnesses of the will, shall also sign, as
aforesaid, each and e.ery page thereof, on the left margin 6
1here is, howe.er, an entirely different .iew which can be taken of the
situation 1his is that the testatri- placed her thumb-mark on the will in the
proper places
!hen, therefore, the law says that the will shall be 6signed6 by the testator or
testatri-, the law is fulfilled not only by the customary written signature but
by the testator or testatri-6 thumb-mark 1he construction put upon the word
6signed6 by most courts is the original meaning of a signum or sign, rather
than the deri.ati.e meaning of a sign manual or handwriting
$ statute re%uiring a will to be 6signed6 is satisfied if the signature is made by
the testator6s mark
!ith regard to the second and third points, it is not mentioned in the
attestation clause that the testatri- signed by thumb-mark, but it does there
appear that the signature was affi-ed in the presence of the witnesses, and
the form of the signature is sufficiently described and e-plained in the last
clause of the body of the will
&t maybe conceded that the attestation clause is not artistically drawn and
that, standing alone, it does not %uite meet the re%uirements of the statute,
but taken in connection with the last clause of the body of the will, it is fairly
clear and sufficiently carries out the legislati.e intent7 it lea.es no possible
doubt as to the authenticity of the document
1he contention of the appellants 'inforoso and $polinario that the fact that
the will had been signed in the presence of the witnesses was not stated in
the attestation clause is without merit7 the fact is e-pressly stated in that
clause