Post Content

“Written” and “in writing” are defined in Mass. General Laws, c. 4, § 7, clause 38, to “include printing, engraving, lithographing and any other mode of representing words and letters, but if the written signature of a person is required by law, it shall always be his own handwriting or, if he is unable to write, his mark.” This definition is looked upon as a rule for the construction of statutes, and it is interesting to note that the wording is copied exactly from two earlier codifications. We see this same wording in the General Statutes, c. 3, §  7, cl. 20 (1860) and the Revised Statutes, c. 2, § 6, cl. 19 (1836).

Finnegan v. Lucy, 157 Mass 439, gives a detailed description of how the law came to be, and how it should be interpreted. The case differentiates between situations where a “signed” document is required, and those where a “written signature” is called for. “Signing does not necessarily mean a written signature, as distinguished from a signature by mark, by print, by stamp, or by the hand of another. There is no reason that we can see why a signature in the proper handwriting of the plaintiff should be required…”; “…the ordinary cases of wills, deeds, contracts, notices, demands, and other documents…do[es] not require such formality.”

 

The Governor’s Revised Executive Order No. 455 (04-04) details how a Notary Public may notarize the signature of someone who signs with a mark in Section 5: “Scope and Description of Duties.” Section 5 (i) lists the requirements for a notary who may sign the name of a principal who is physically unable to sign or make a mark on a document presented for notarization.

Written By:


Recent Posts

New Law Gives Added Protections for Persons with Disabilities posted on Feb 20

Massachusetts Governor Charlie Baker signed a new law on February 13, 2020 which gives more protections to individuals with developmental and intellectual disabilities.  Chapter 19 of the Acts of 2020 establishes a registry for caretakers in Massachusetts who have been found to have caused serious physical   …Continue Reading New Law Gives Added Protections for Persons with Disabilities

Real Estate Recording Fees to be Increased posted on Dec 10

Under Massachusetts General Laws chapter 44B section 8,  real property conveyance documents recorded at the Registry of Deeds are subject to a Community Preservation Act surcharge.  This law was amended by chapter 41 sections 29 and 30 of the Acts of 2019.  Effective December 31,   …Continue Reading Real Estate Recording Fees to be Increased

Portraits in Massachusetts Law: Lucy Stone posted on Nov 13

 Portraits in Massachusetts Law: Lucy Stone

Portraits in Massachusetts Law is a regular feature of Massachusetts Law Updates. These pages provide links to biographical information abut people who have been particularly important in legal history in Massachusetts, as our government took shape in the cauldron of the American Revolution and grew and changed throughout   …Continue Reading Portraits in Massachusetts Law: Lucy Stone