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ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ
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(V11) 1 CLR 57
1922 February 14
[FISHER, C.J. AND STUART, P.J.]
VASSILI RICCA AS EXECUTOR OF THE WILL OF THE DECEASED HAJI THEKLOU HAJI VASSILI
v.
HAJI TOWLI HAJI VASSILI AND OTHERS, HEIRS OF DECEASED HAJI THEKLOU HAJI VASSILI.
TESTAMENT-SIGNATURE-MARK-LAW 20 OF 1895, SEC. 22 (2).
Appeal of Defendants from the judgment of the District Court which found that the deceased duly executed a will.
The facts are as follows:-
Deceased was illiterate, and asked one Efstathios Zaris to write out her will for her. He did so and in the presence of three witnesses she authorised Efstathios to write her name, which he did, and then he guided her hand and she made a X and afterwards touched it as a sign of delivery. The other witnesses duly signed. Deceased was admittedly of sound mind.
The judgment of the District Court is as follows:-
"The Court will now consider whether the will was signed by the "testatrix in accordance with the requirements of Law No. 20 of 1895, "Sec. 22 (2). Sec. 22 (2) enacts that a will shall be signed 'at the end "thereof by the testator or by some other person on his behalf, in his "presence and by his direction.' The question we have to decide is "whether the mark made by the testatrix in this case amounts to a "signature. It has been proved before us that the mark was in fact "made by the testatrix. Law No. 20 appears to be based upon the "English Law relating to wills. We find that it has been held in "English Law that a mark or initials are sufficient if intended to "represent a signature, even though the testator's hand is guided in " making it. See Halsbury's Laws of England, Vol. 28 p. 548, para. 1085. We hold that in this case the testatrix intended that the "mark subscribed by her should represent a signature, and on this "point we find that the will was properly executed."
For Appellant Nicolaides.
For Respondents D. Themistocks.
Judgment: Upholding the District Court. A will which bears the duly authenticated mark of the testator at the end is "signed" within the meaning of sub-section (2) of Sec. 22 of the Wills and Succession Law, 1895.