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Mark |
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mark n. 1) an "X" made by a person who is illiterate or too weak to sign his/her full name, used in the expression "His Mark," or "Her Mark." On the rare occasion that this occurs, the "X" should be within or next to a notation such as "Theresa Testator, her mark." If the mark is intended as a signature to a will it should be formally witnessed (as signatures are) to make the will valid. (See: will) MARK. This term has several acceptations. 1. It is a sign traced on paper or
parchment, which stands in the place of a signature, usually made by persons
who cannot write. 2 Cart. R. 324; M. & M. 516; 12 Pet. 150; 7 Bing. 457; 2
Ves. 455; 1 V. & B. 362; 1 Ves., jr. 11. A mark is now held to be a good
signature, though the party was able to write. 8 Ad. & El. 94; 3 Nev. & Per.
228; 3 Curt. 752; 5 John. 144. Vide Subscription.
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