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WILLS, TRUSTS & ESTATES CASE STUDY #1 Otto Halverson died testate. He was survived by 27 nieces and nephews. Otto had little formal education and had not learned how to write his signature; therefore, he signed his name with a mark, i.e., an “X.” Otto’s nieces and nephews challenged the validity of his will. They claimed the will had been improperly executed because he signed with an “X.” A. Is a testator’s mark, i.e., an “X,” sufficient to satisfy the signature requirement for a valid will in your state? Cite the statute or case law. B. In your opinion, if there is no statute or case law on this issue in your state, how should your state court decide this issue? Please note that you answers to the above questions should not simply be one or two conclusory sentences. Your responses must be substantive. Each of the above questions should be a minimum of 300 words. Please review the case study grading rubric posted under Course Information for more information.


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